Work Injury Maryland MDhttp://workinjurymaryland.com
attorney at law | Andrew M. RodabaughThu, 08 Mar 2018 17:48:55 +0000en-UShourly1Dealing with your employer while on workers comphttp://workinjurymaryland.com/workers-comp-employer-actions/
Wed, 07 Mar 2018 19:19:13 +0000http://workinjurymaryland.com/?p=1084EMPLOYERS, WORKERS COMP, AND THE INJURED EMPLOYEE Nothing in this article should be accepted as legal advice and is provided for informational purposes only. No attorney client relationship is created. To retain the services of workers compensation attorney Andrew M. Rodabaugh Esq. and in office appointment is necessary. You can speak with Baltimore workers compensation […]

EMPLOYERS, WORKERS COMP, AND THE INJURED EMPLOYEE

Nothing in this article should be accepted as legal advice and is provided for informational purposes only. No attorney client relationship is created. To retain the services of workers compensation attorney Andrew M. Rodabaugh Esq. and in office appointment is necessary.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

When an employee is injured on the job their relationship with the employer may immediately change for any number of reasons. The injured worker is stressed and worried about the situation they are in and the employer is most likely in a similar mindset which often lead to a break down in communication and two sides operating for there own benefit. There are a number of actions that may be taken by the employer at the onset of an accident. The injured worker should be aware of these common actions, but should also take a number of steps to preserve their rights and interests.

Employers may ask injured employees not to file workers comp and offer to pay everything out of pocket

On occasion the employer will try to avoid increased workers comp premiums by preventing the claim from being filed. Workers’ Compensation Insurance can be expensive and Employers are aware of it so in an attempt at reducing the premiums employers may attempt to pay for medical treatment and lost wages out of pocket. On its face this seems like a good idea. The employee gets the medical treatment and continued wages they need and the employer saves money on increased workers compensation premiums. There are however risks associated with these deals.

Employers will ask the injured worker to use health insurance instead of workers compensation insurance

This occurs often. It is not only common employer practice to strive for a no injury year, some employers understand the extent their workers compensation rates can increase because of one accident so they actively pursue other methods of handling work accidents. Scenario: The employee is injured on the job and is legitimately entitled to workers compensation benefits under Maryland law. A supervisor or boss has heard horror stories about workers comp premiums rising because of one injury and acts accordingly. The employer may ask the employee to use health insurance, advise the injured worker to tell the doctor it did not happen at work, or often employers will offer to pay for any medical expenses or lost wages directly out of pocket.

While this scenario, on its surface, seems harmless it is not a good idea to try and use health insurance when treatment should be covered under Maryland workers compensation laws. In many of these cases the employer has gone back on their word because the treatment becomes expensive and in the end they avoid a workers compensation claim also! When surgery or diagnostics are performed the employer simply can not afford to pay for the treatment and stops any form of compensation they were providing the injured worker. Not only does this leave the injured worker in a tough position, but the fabrications and misstatements along the way may have destroyed any chance of receiving workers comp benefits. If the medical reports indicate that it was not a work injury, then the chance of getting workman’s compensation benefits are reduced significantly, especially when weeks or months have passed since the date of accident. The end result is that the employer avoids the workers compensation claim and the injured employee has no money and no medical coverage.

Employers may ask to pay lost wages out of pocket to avoid a workers comp claim being filed

This is legal in some scenarios that involve municipalities and government agencies. Some employers have policies to pay a salary in lieu of temporary total disability/lost wage money. These scenarios must be closely scrutinized by a workers compensation attorney to ensure all the proper procedures have taken place.

Supervisors may try to pay the employee lost wages to avoid workers comp claims. Again not a good idea for many reasons. Serious injuries may require employees to be out of work for a year or more which would require a year or more salary payment to the injured worker. A year or even a few months of salary can become a significant burden on the employer. That expense in additional to a new salary to a temporary worker to perform the injured workers job can add up quickly.

Avoiding workers comp filings can be beneficial to employers and help them save significant money in premiums however this is not in the best interest of the employee.

Scenario 1

The longer an injured worker is out of work the more lost wages are paid. Naturally the employers expense will build up and eventually they will stop paying or attempt to force the injured back to work. If the injured employee is receiving salary or lost wages directly from the employer there are serious implications the worker must keep in mind. For one, the statute of limitations on the case is not being extended unless the payments come directly from the workers compensation insurance company. Under Maryland law after two years the injured worker could lose their right to compensation benefits.

Scenario 2

If the insurer is paying the injured worker lost wages workman’s comp premiums rise for the employer. Because of this, employers often strongly encourage the employees to come back to work even when they are physically unable to do so. To be clear, it is best for injured workers to go back to work as soon as possible, however in some circumstances it is a medical impossibility.

Employers may encourage the injured worker to return to work too soon

On at least one occasion a client of mine was driven to the doctors by her employer, and the employer insisted on being in the room when the examination took place. The employer then attempted to influence the physicians opinion as to work restrictions. Injured Maryland workers can refuse to allow their employer in the examination room. Employers may also use other strategies to get the injured worker to return to work sooner than practicable.

Regularly the Employer/Insurer will assign a nurse case manager to an individuals case. The nurse will help with appointment scheduling but may also attempt to influence the treating physician. Injured workers should view nurse case mangers with a bit of skepticism to ensure they are looking out for their best interests. Again, it is important that any worker return to work as soon as possible. This will ensure job stability but will also prevent the possibility of social and psychological components effecting the injured worker.

One final note of consideration: If you are an injured employees who is getting pressure to return to work and truly feel you are not ready to return to work it is helpful to keep the lines of communication open with the employer. Even if there is pressure to return, it should not be viewed as an assault on physical health.

If you are seriously injured at work in Maryland it is almost inevitable that you will have to deal with the workers compensation process. Some employers will encourage their employees to go through work comp, while other employers will do everything in their power to prevent a work comp claim being filed. Employers in the latter group most often end up angry no matter what the injured worker does. There are some preventative measures that may prevent a rocky experience with the employer throughout the workers compensation case.

As always, before moving forward with your workers comp case in any fashion consult a Baltimore Maryland workers compensation attorney. Every situation is unique and would need a careful analysis before determining the best steps to take and legal advice to give.

Employers may not contact you while out on workers comp

The best way to encourage turmoil is to stop communicating with your employer. Lack of communication will lead to a distant relationship and with distance comes reduced concern. Consider the proverb “out of sight, out of mind.” Further, it is easier for the employer to resent the injured Maryland worker when they are not present and able to explain themselves. Communication with your employer on a regular basis will indicate to them that you are interested in keeping your job rather than working the system. Open communication will encourage them to play an active roll in your case which will advance the relationship, not hinder it.

Employers are often left to their imagination when trying to determine what is happening in the workers compensation case. Employers are represented by Insurers who often do not regularly update or explain the process. This places the Employer in a defensive position and can lead to mistreatment to the injured worker. If this is the situation with your employer you can take the lead and advise what is going on in the process. Some employers do not want to hear it from their employee and that is fine. Other employers will appreciate the information.

Employers may want the injured worker back to work for good faith reasons

Workers Compensation claims may affect the employers insurance premiums. The amount of indemnity (money) paid out on any given claim may affect the premium your employer pays. While communicating with your employer make sure to explain that you want to get back to work as soon as possible. It is not your goal to stay home on the couch but even with good intentions the injured worker may fall subject to a long legal process that prolongs their return to work.

If an employer has a light duty position available then it is beneficial for the employee to return in the light duty capacity. If their is not light duty available and the doctors will not release you to full duty then know that a return to work is not imminent.

Employers may want to avoid workers comp but Maryland law may require it to be used

Maryland Doctors and physicians are legally obligated to put treatment under workers compensation insurance when the injury occurred at work. There are many gray areas in this analysis but the Doctor and the injured worker can only do what on its face is required by law. When the case is filed with the workers compensation insurance company, and the Maryland Workers Compensation Commission the injured worker has done what they are required to do by law. This can be explained to the employer and whether they choose to accept this or not will be up to them and may set the mood for what is next to come.

Quite often I come in contact with employees who are reluctant to file a workers compensation claim or hire a workers compensation attorney. They fear that they will be terminated, they will be humiliated, or they will be mistreated. This is a possibility. The same possibility exists the moment the worker is injured.

I represented a loyal employees of 39 years who was terminated a week after her neck was fractured at work.

I represented a loyal state employee of 23 years who was terminated 3 months after she fell and hurt her shoulder, knee, and low back.

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

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WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL Baltimore workers compensation lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Compensation law for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore workers compensation lawyer , or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>Should I return to work light duty- Workers Compensationhttp://workinjurymaryland.com/should-i-return-to-light-duty-work-workers-compensation/
Tue, 06 Mar 2018 21:26:07 +0000http://workinjurymaryland.com/?p=1108Should I return to work light duty? – Maryland workman’s compensation The decision whether or not an injured Maryland Employee returns to work should not be taken lightly. There are risks and benefits for injured Maryland workers when they make the decision to return to work on a light duty basis. A great majority of […]

The decision whether or not an injured Maryland Employee returns to work should not be taken lightly.

There are risks and benefits for injured Maryland workers when they make the decision to return to work on a light duty basis. A great majority of workers compensation attorney’s and workers compensation Commissioners are in agreement that it is usually best to attempt to return to work if the treating physician, or other physicians are indicating the injured employee is physically able to do so. While attempting to return to light duty is ordinarily in the best interest of the worker and society there are some factors to take into consideration and concerns that should be addressed.

For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now at Call Us, Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

What happens when the injured employee returns to work on light duty making less than they were prior to the accident?

On occasion an injured worker is asked to return to work and perform a different job altogether. This is the case when the employer decides that they can accommodate the employee, but also could use that employee in different capacity. Sometimes the injured worker is paid their normal wages. For others this often means they will be paid less than they were making in their pre-injury job, but also creates a financial burden. It would not make sense to return to work if they were to paid at a rate less then the workers compensation benefit rate.

If a return to work means lower wages, the injured worker is still in treatment, and has not yet met maximum medical improvement the injured worker would be entitled to payment from the workers comp insurer in addition to the light duty wages the employer is paying. These payments are called temporary partial disability (TPD). The amount paid to the employee is 50% of the difference between the pre-accident wages and light duty wages. For example: an injured employee making $1,000 a week before the injury later returns to work light duty making $600 a week. In addition to the $600 the employer is paying the employee, workers comp would have to pay TPD in the amount of $200. ($1,000-$600= $400. $400/2= $200.)

If however, the employee is found to be at Maximum Medical Improvement the scenario differs. The injured worker would not be entitled to TPD payments. The injured worker may qualify for an increased award of compensation based on an “industrial loss.” In the same scenario noted above a qualified workers compensation attorney would argue that the loss of earning potential entitles the employee to a larger permanency award. It would be argued to the Workers Compensation Commission that as a result of the injuries sustained the worker is no longer able to earn the same money he or she was once able to earn. The Commission would then have the discretion to increase the permanency award to an amount above and beyond what would ordinarily be awarded. For the injured worker this may mean the difference of thousands of dollars.

What should I consider when deciding to return to work light duty or fight workers comp for continued benefits?

Are light duty accommodations being offered?

Employees and Employers alike have decisions to make when dealing with a workers compensation case. The employer must decide to offer a light duty position to injured workers, or not offer a position and leave it to the workman’s comp insurer to pay lost wages. It is often in the employers interest to offer a light duty position to mitigate insurance premium increases, but also to prevent the loss of a valued employee, hiring costs, and training costs. It is generally understood, and apparently medically supported, that the longer an employee stays out of work, the more reluctant they are to return.

If the employer does not provide light duty then the injured worker will be qualified for lost wage/Temporary Total Disability (TTD) benefits. It is important to note that employers will often create a light duty position just to keep the employee working, and engaged with the business.

If the employer offers light duty but it is outside of the restrictions the doctor has provided then the injured worker has a difficult decision to make. See below What are some of the risks if I return to work light duty? ↓.

What are the doctors stating as light duty limitations?

When deciding whether an injured worker should return to work light duty the first consideration is whether any doctor is providing duty restrictions. If all doctors are indicating the injured worker is capable of performing their job with no limitations then the decision to return to work is essentially already made. Of course no worker will be forced to go to work, however the alternative will likely be termination and less compensation benefits. If there are doctors holding the injured worker on light duty then the limitations prescribed should be accommodated by the employer, otherwise lost wages should be paid and the employee should remain in an off work status.

Does the injured worker have any interest in returning to the occupation in which they were hurt?

It is not ordinarily a good idea to resign from an occupation or refuse to return to work when the doctors indicate light duty is an option for a hurt employee. If light duty is offered and the employee refuses to return to the job lost wage checks/temporary total disability payments will likely stop, but the employee may also be terminated which may interfere with their right to unemployment.

In some circumstances, those injured at work have already obtained new employment or for one reason or another will not under any circumstances return to their employer. Resignations usually eliminate any chance of receiving vocational rehabilitation and can interfere substantially with lost wage requests in the future.

The injured employee must consider the wages they would receive if they return to work on restricted duty versus receiving continued temporary total disability benefits.

What if I try to return to work light duty but am unable to do the tasks that are assigned to me?

Based on compliance of the restrictions, the injured worker who returns to work in good faith but is unable to perform the tasks assigned may qualify for vocational rehabilitation, modified work restrictions, or return to temporary total status which means they are unable to work in any capacity.

It is expected that both the employer and the injured worker show a certain amount of reasonableness otherwise difficult in the work transition, and the workers comp case will arise. For instance, if the injured worker is not allowed to stay on their feet for longer than two hours a day, the employer should not be requiring the injured worker to be on their feet for two hours and forty five minutes. That is a significant non-compliance in my opinion. Alternatively, if the injured worker is asked to stand for five or ten minutes extra protest should not occur.

Another example of a show of reasonableness would be an injured worker with a lifting restriction of 5lbs willing to lift 6 or 7lbs occasionally. The employer, should not have or attempt to have the injured worker lift more than 15lbs in my humble, legal opinion.

Showing the effort to return to work in any capacity can go a long way with the Workers Compensation Commission. (The Commission can be considered the judges of workman’s comp cases). If an injured worker shows an effort to return to the work force the Commission will likely provide some deference to the injured worker should they ultimately be unable to continue with the light duty position. The injured worker may then qualify for vocational rehabilitation (job training and/or search assistance). If the injured worker does not at least make the effort to return to work then vocational rehabilitation will not likely be an option.

Not only will the effort to return to work assist in obtaining vocational rehabilitation, but it will also assist in a claim for temporary total disability benefits should the injured worker ultimately not be able to perform the light duty offered.

What are some of the benefits to returning to work light duty?

Returning to work in a light duty capacity will show to employers and supervisors there is a willingness to work, and no intention of “gaming the system.” This in turn should help create job security but also encourages a level of trust that the employee is in part dedicated to the employer.

For many, the lost wage/TTD payments are not substantial enough to live off of. Being paid at 2/3 of the normal wages, the reduction is sometimes difficult to deal with. A return to work may provide the same payments that the injured worker was receiving prior to the injury.

It is often stated that a return to work is beneficial to the employees psychological well being. Having somewhere to go each day would certainly aide in feelings of self worth. Also, being active rather than sedentary will presumably have some biological benefits. From what I have seen in practice, it does not take long for the injured worker to become depressed or anxious when their only option is to remain sedentary at home.

A return to work may provide some assistance in the injured workers physical recovery. Ultimately it would be a decision that should be made by a doctor, but in particular circumstances use of the injured body part may encourage recovery by the same means as physical therapy.

What are some of the risks if I return to work light duty?

Again, it is generally understood to be in the employees best interest to return to work if light duty is offered.

However, Maryland laws provide some disincentive in certain circumstances. For example, the injured worker is receiving $ 800 weekly in TTD benefits while held out of work completely. Later the employer is able to accommodate light duty restrictions which would pay the injured worker $700 while working in a different position. The workers comp insurer would only be liable to pay TPD at a rate of 50% of the difference between the pre and post injury wages. Pre injury rate was $1,200 a week. Post injury wage is $700 a week. 1,200-700= $500. $500/2= $250. The injured worker will determine that they may return to work making $700 from employer plus $250 from workman’s comp equaling $950 weekly. Or stay at home and do nothing and earn $800 a week in temporary total disability.

Injured workers should strive to get back to work as soon as possible in order to continue a positive relationship with employers, but also to show that there is no intention of abusing the workers compensation system. Occasionally the possibility of someone abusing the workers comp system is the first thought that leads to continued and ongoing skepticism and negativity. Sometimes avoiding this negativity is not possible, however an expedited return to work often avoids any negativity and bolsters the employer/employee relationship.

A return to work in a light duty capacity may mean making the decision to put an injured workers financial well being in front of their physical well being. This decision should not be made lightly.

With any return to work there is the risk of re-injury. This would ultimately mean a set back in progress to the injured worker but could also mean increased financial exposure to the employer and insurer. The employee should closely monitor activities they perform and note when increased pain or symptoms occur.

Unfortunately there are occasions where the injured worker will return to work and be subject to ridicule and scrutiny. In a majority of circumstances employees are welcomed back and appreciated however there are some difficult employers among us.

Along with the ridicule and scrutiny, there is on occasion an effort and fortuitous termination. Employers may find reasons to write up employees, make it difficult for employees to satisfy their job requirements, and hold employees to a heightened level of expectation only with the goal of firing them. Sham on these employers!

As discussed, there is a chance of lower wages should the employee return to the same employer. While the employee may recoup the loss through an industrial loss argument at permanency, the initial reduction in wages can be financially devastating for some.

For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now atCall Us, Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

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WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL
Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>TEMPORARY TOTAL DISABILITY- Workers Compensation Benefitshttp://workinjurymaryland.com/temporary-total-disability-benefits-wc/
Wed, 21 Feb 2018 19:51:08 +0000http://workinjurymaryland.com/?p=1102How long can I be on temporary total disability- Baltimore Workmans Comp Lawyer Theoretically for ever. In reality, not as long as most would like. There are a lot of factors that come into play when determining how long an injured worker can expect temporary total disability payments to be paid. The payments are […]

How long can I be on temporary total disability- Baltimore Workmans Comp Lawyer

Theoretically for ever. In reality, not as long as most would like. There are a lot of factors that come into play when determining how long an injured worker can expect temporary total disability payments to be paid. The payments are for a “temporary” basis so not to last permanently. Depending on the severity of the injury, amount of treatment, what doctors are recommending, and other factors, an injured worker could conceivably be on temporary total disability (TTD) for years. The reality is that most workers comp insurers will not let this happen without a fight.

If you have not obtain legal counsel it may be a good time to consider doing so. When the concern about temporary total disability payments arise there is possibly a good reason for concern and an injured worker should protect themselves. While health may be the single most important concern in a persons life, financial security and well being likely makes the top five. When health and financial security face changes at the same time the injured worker is placed in one of the most stressful situations of their lifetime. This scenario often leads to a number of question: How long can the injured worker expect the temporary total disability payments to be paid? Is there a way to increase the chances that the workers comp lost wages continue throughout the duration of the claim? What will trigger the temporary total disability payments to stop? What happens when the payments stop?

For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now atCall Us, Click to emailor just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

Are you currently receiving temporary total disability payments from workmans comp but worried that they will stop at some point?

Under Maryland law the workers compensation insurer is obligated to pay temporary total disability payments as long as the injured workers treating physician is holding that person out of work. The physician must essentially say the injured worker is disabled and unable to work, but only for a temporary basis. Conceivably a person could be disabled completely for many years and then obtain treatment that would give them the ability to work in some capacity. Practically speaking this does not ordinarily happen and most workers comp claims follow a pattern regarding TTD payments.

The typical scenario starts with the injured worker seeking medical attention. He or she is then told to take off of work for a particular period of time, perhaps a few days or a few weeks. Upon follow up with the physician the injured worker will be reassessed and either provided an out of work note and continue to receive temporary total payments or the injured worker will be placed on light duty with restrictions.

[It is important to note that in many cases the workers comp insurance adjuster does not voluntarily pay TTD and the injured worker must go to a hearing before the Workers Compensation Commission.]

In the more severe injury cases it is predicted by the treating physician that the injured worker will be unable to work for an extended period of time. For instance when a bone is fractured, or a shoulder ligament or knee ligament is torn doctors often indicated the injured worker will be out of work for x months. In these cases the temporary total disability should be paid for that entire period uninterrupted.

When a workers comp case arises in the typical fashion and does not involve any major injuries, and temporary total disability payments have begun, it is likely the injured worker would receive a month or two of lost wage checks before the payments are interrupted.

In the more severe injury cases the TTD payments are less predictable and a number of factors come into play. Is the adjuster being aggressive from the beginning of the case? If so this could be a sign of continued aggression regarding temporary total payments. Did the adjuster willing start paying temporary total disability without much inquiry and requests? If so then the payments may continue for the duration of the required medical treatment. There are a multitude of factors that may affect the frequency and duration of the temporary total disability payments including but not limited to:

Is there a defense attorney involved in the case or does it seem like the adjuster is working on it alone?

Is the employer self insured or do they have a policy with an insurance provider?

Does the injured worker have prior workers comp cases? How many and of what nature were those injuries?

Are there prior injuries to the same body part?

Prior auto accident cases? To the same body parts?

How long has the employee worked for the employer?

Any prior surgeries to the injured body part?

Has the insurance company scheduled an Independent Medical Evaluation?

What workers compensation insurance company is involved?

Who is the treating physician placing the injured worker on temporary total disability status?

Is there a way to increase the chances temporary total disability wages continue throughout the duration of the claim?

Updated out of work notes are vital to the continuation of temporary total disability payments. If there is no doctor indicating the injured worker is unable to work than there is very little chance temporary total disability payments will continue for very long, and even more likely that the temporary total disability payments are not issued. Work notes are the first step in obtaining lost wages, however some adjusters require more than just a work note before they willingly pay lost wages. A work note that indicates the injured worker will be out of work for an extended period of time is not acceptable to some. The need for an updated slip on a monthly basis is regularly required. Some workers compensation adjusters want particular restrictions written out on the notes before they will issue temporary total disability money. To them it is not good enough to say out of work and they may want the doctor to indicate if the injured worker is able to stand, sit, lay, squat, bend, twist,… for any length of time each day. The adjuster requests these itemized work notes so he or she can attempt to find a light duty position which physically accommodates the injured worker and allows them to return to work rather than having to pay temporary total disability payments.

The injured worker should not miss appointments as they relate to the case. This is especially true concerning doctor or medical appointments. If the injured worker misses medical appointments then it is argued he or she is not accepting reasonable medical treatment and therefore delaying the case. This could lead to a justified termination of temporary total disability benefits. Other appointments that should not be missed are meetings with nurse case managers, vocational rehabilitation counselors, IME appointments, Functional Capacity Evaluation (FCE) appointments, and hearings at the Commission.

Along with not missing any medical appointments it is important to comply with treatment recommendations. If an injured worker does not accept reasonable medical treatment then temporary total disability benefits will likely be terminated. The question of whether the treatment is reasonable will vary on a case by case basis. Ordinarily physical therapy is reasonable and if the therapy is necessary to get the injured worker back to work than he or she can be expected to get that treatment or not receive TTD payments.

Make sure to do what the adjuster asks. This is difficult to hear, I am sure. It is equally painful for me to say. But the workers comp adjuster has the power to make life difficult, very difficult. There are some instances where doing what the adjuster is requesting is not practical or possible, however when the request is fairly reasonable it is best to simply do it and move on knowing that the temporary total disability benefits will continue for the time being. Always keep in mind that the adjuster may terminate the temporary total disability checks at anytime for any reason, even if not legally justified. Sometimes it is best just to do what is asked rather than run the risk of having no income at all while waiting for a workers compensation hearing.

What will trigger the temporary total disability benefits to stop?

Workers compensation adjusters do not want to continue to pay temporary total disability indefinitely so as time goes by there may be extra scrutiny directed at injured workers. On occasion adjusters or defense attorneys will order a private investigator to perpetuate surveillance in hopes to catch the injured worker doing something they otherwise are not physically allowed to do per doctors orders. If a doctor places a patient off of work because they are to do no lifting then the injured worker should not be doing any lifting at home either. Surveillance footage to the contrary will prove detrimental to any continuation of TTD payments.

Unfortunately some injured workers are involved in an accident after their work accident. If the accident involves the same body part that was injured in the work accident the case could potentially fall apart, starting with the immediate termination of temporary total disability benefits. For anyone involved in a subsequent accident, work related or otherwise, it is best to contact an attorney immediately.

If an Independent Medical Evaluation (IME) is scheduled there is a good chance that the lost wage benefits will soon be terminated. IME doctors often disagree with treating physicians regarding the work capacity of the injured employee and will therefore find that they are capable of working despite what the treating physician opines. Needless to say the workman’s comp adjuster will agree with the IME doctor and terminate the lost wage payments.

What happens after the temporary total disability money stops?

There are a few choices the injured worker will be faced with if temporary total disability payments are stopped. The first option depends on the injured worker having an updated out of work note. If so they have the option to file for a hearing before the Maryland Workers Compensation Commission and seek reinstatement of the wages. A qualified and experienced workmans comp attorney can advise the injured worker on the likelihood of winning at a hearing. Hearings are scheduled anywhere from 1 month to 6 months after the request for hearing is obtained by the commission. Ordinarily hearings are scheduled within 3 months from the time the attorney filed for the hearing. That is at least 3 months without income, and potentially longer if the injured worker is not successful at the hearing.

Rather than go to the hearing the injured worker may decide to give the return to work a try. While this may be putting their physical health on the line it may prevent financial devastation. If there is no intention of returning to the same occupation the injured worker may choose to look for a different job. A new job search can usually be conducted while the injured worker is receiving temporary total disability benefits but this should be discussed with an attorney first as there are some legal ramifications that may go along with the decision to look for a different employer.

In the event temporary total disability payments stop and medical treatment stops the injured worker may choose to move their case towards a permanency award or settlement. A permanency award would come after the injured worker has been rated by a physician chosen by their attorney, and a physician chosen by workers comp. Once the rating is performed a hearing can be requested which will lead to an award of permanency, or a stipulation (agreement between the parties) as to the permanency. The injured worker would have the option to try and settle their case completely rather than go to permanency. Settlement and permanency are often confused. Click the following link further reading on the distinction between Settlement and Permanency.

While the length of time temporary total disability payments are paid in part depends on the extent of the injury and treatment, very often the injured worker can continue to receive medical treatment regardless of their work status. TTD and medical treatment are largely separate and apart workers comp benefits so it is not necessary to be held out of work by a doctor in order to get medical treatment.

For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now atCall Us, Click to emailor just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

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WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL
Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

Are you receiving slow medical treatment in your workers comp case?

Is both health insurance and workers comp refusing to pay for medical treatment in workers comp case?

Workers Compensation Attorney Andrew M. Rodabaugh Esq. has been getting medical treatment authorized for injured workers for years! The process is frustrating but with an attorney it can be made easier.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

Has the Maryland workers comp adjuster terminated your treatment or are they refusing to provide authorization? Did they deny an MRI or surgery? Perhaps even a doctors visit was denied.

Sometimes your case starts off just fine and treatment is not denied by workers comp! Regularly, the workers compensation process starts off very easy for the workers comp recipients. The worker is injured at work and is sent by the employer to a medical clinic for treatment. The clinic may be one such as WorkMed, Concentra, or Patient First. Treatment is provided in the form of medication, x-rays, and possibly some physical therapy. Everything seems to be smooth sailing while treatment is obtained however out of know where workers comp denies medical treatment. This most often comes at a very unexpected time and, to the injured worker it seems very confusing.

If you have received an Independent Medical Evaluation (IME) notice then there are things you should know before attending.

Understand why your medical treatment was denied by workers comp

The short answer- treatment is getting too expensive or your case is too serious for the workers compensation adjuster to simply continue paying for the medical treatment so medical treatment was denied by workers comp. The theory and goal of the workers comp adjuster is to provide minimal treatment and hope that the worker returns to work without seeking a Maryland workers compensation attorney and without seeking all the benefits to which law provides. Most likely medical treatment was denied by workers comp at the point where the case is becoming increasing costly or is about to become costly.

One common point when the workers compensation adjuster will deny medical treatment is if a Magnetic Resonance Imaging (MRI) is prescribed. The reasoning is that the MRI may help determine what needs to be fixed. X-rays will show if any bones are fractured and are relatively inexpensive so these are most often approved by the adjuster with no problem. MRI’s on the other hand cost much more than x-rays and will diagnose soft tissue damage, ligament tears, muscle tears, blood issues, and much more. The MRI medical treatment was denied by workers comp because they may have to pay to fix any torn ligaments or soft tissue damage. Once a condition is discovered the Maryland workers comp insurance company will have increased financial exposure. If no condition is discovered then they save money.

Another common milestone that explains why medical treatment was denied by workers comp is when surgery is being recommended. Not only is surgery expensive, but lost wages, further therapy, medication, and complications can increase the cost of the claim exponentially. Further, once a surgery is performed on an injured worker the need for future treatment is substantiated which means workers comp could be on the hook for years to come.

Understand what you can do if medical treatment was denied by workers comp

If this is the situation you are faced with then you may be quite frustrated and it is probably time to seek counsel with an experienced Baltimore Maryland workers compensation attorney. A workers compensation attorney can take steps to force the insurer to pay for your medical treatment. A hearing can be requested before the Maryland Workers Compensation Commission to fight for the treatment you deserve and any other benefits that you may have gone without thus far. Maryland workers compensation attorneys are paid out of money that they recover for you- on a contingency basis. In the event a hearing takes place solely because medical treatment was denied by workers comp the attorney does not request a fee!

SLOW MEDICAL TREATMENT IN WORKERS COMP CASES

Delayed medical treatment in Maryland workers compensation cases is unfortunately a regular occurrence. While there is no fair explanation for the delays in medical treatment in workers comp cases there is an explanation which includes the procedural restrains of the legal system itself and conflicting legal rights of the injured workers and the insurance companies. While delays in medical treatment in workers comp cases is sometimes unavoidable there are some practical steps to take to minimize the chance of delaying medical treatment in your workers comp case. It is important to understand that delays in treatment are not the same medical treatment denied by workers comp.

In some cases there are extensive and repetitive delays in obtaining medical treatment through workers compensation insurance. The delayed medical treatment may arise because of the Employer and Insurer’s rights which may inadvertently place the injured workers rights on hold. Like the injured, the Employer/Insurer have certain rights under Maryland’s workers compensation laws.

Independent Medical Evaluations may delay medical treatment in workers comp or they may lead to denied medical treatment in workers comp

If your medical treatment or doctors appointments have been put on hold so that workers comp can schedule an Independent Medical Evaluation with their doctor you should not wait to take action. Workers Comp may delay or deny medical treatment so they can obtain a Second Opinion or Independent Medical Evaluation (IME)

The Employer/Insurer does not legally have to accept the treating physicians recommendation whether it be for surgery, injections, pain medication, physical therapy or other treatment. They are entitled to obtain an Independent Medical Evaluation (IME) from a doctor of their choosing before willingly paying for the treating physicians recommendation which results in a treatment delay. Under Maryland workmans comp laws the treatment must be “reasonable, necessary, and causally related” to the accident at work. This phrase opens up a door to differing opinions and creates the proverbial gray area which provides both the injured worker and workers comp argument leverage over the medical treatment and whether it is related to the actual work incident. What is reasonable to Doctor X may not be reasonable to Dr. Y and what is necessary to Dr. X may not be necessary to Dr. Y. Also, Dr. X and Dr. Y can disagree as to what is causally related to the accident.

When an IME is scheduled it is time to obtain a Maryland workers compensation attorney.

More often then not, the delays in treatment are related to the workers comp Insurer’s right to have an IME performed. The workers comp adjuster will wait until he or she receives the IME report before approving the treatment recommended. In some cases the medical treatment denied by workers comp may be approved after an IME. IME’s are often scheduled a month or two out and the medical reports can take another few weeks to be issued. If this delay in medical treatment is not aggravating enough in the event the IME Doctor indicates that the medical treatment is not reasonable, is not necessary, is not causally related, or any combination of these requirements then the delay in treatment continues. When the adjuster denies treatment, or if it is expected medical treatment is to be denied by workers comp once the IME is performed, a hearing before the Maryland Workers Compensation Commission will need to be requested. Unfortunately hearings are not held as soon as everyone in the workers compensation community would like and this will again delay the treatment and the conclusion of the case.

It is important to realize that in many Maryland Workman’s Compensation cases there are numerous IME’s performed which may lead to numerous delays. It is not uncommon for an IME to be scheduled and performed based on the reasonableness of some form of treatment recommendation like physical therapy, and soon after a second IME is being performed to determine if another form of treatment is reasonable like an MRI. It is important to know what to expect at the IME.

For a FREE consultation Call , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

Legal procedures may lead to delays in workers compensation medical treatment

Once a hearing request is filed with the Maryland Workers Compensation Commission the legal process of seeking authorization for the denied medical treatment begins. Sometimes this is referred to as appealing the adjuster.(See the appeal process) The waiting period fluctuates for the workers compensation hearing but typically hearings are set-with in three months ultimately delaying medical treatment further. The reasons for the waiting period are comparable to the reasons one must wait for any Government agency or department to act. Often referencing bureaucratic restrictions, budgetary restraint, or excess citizen demand. Occasionally the hearings can be placed on a docket longer than three months, and seldom within one month. Assuming it took two months for the IME to be performed and another three months for the hearing before the Maryland workers compensation commission, the injured employee could expect to wait five months for a determination of whether the work comp insurer will be responsible to pay for the medical treatment. It is best not to assume a five month wait and prepare for a longer period.

Legal delays can also materialize if there is a need for a postponement or continuance of the scheduled hearing. When the case is continued the hearing will typically be reset within two months however occasionally it is sooner. The basis of a qualifying continuance request are numerous and can arise from any party involved in the case including potential witnesses, attorney’s, or, very rarely the Workers Comp Commission.

Can you avoid delays of medical treatment in workers compensation cases?

Each and every workers compensation case is different in almost every regard but especially when dealing with the consistency of medical treatment. On occasion there are injured workers that never have to deal with delays in medical treatment in their workers compensation case. However, most do have some sort of hang up with obtaining authorization for a consultation with a physician or a medical procedure with a provider. To expedite medical treatment authorization it is helpful to be pro-active. Do not assume the doctors office is requesting approval from the adjuster. Don’t assume the doctor’s office properly requested authorization for medical treatment from the workers compensation adjuster. It is a good idea to follow up on treatment requests even if there is a nurse case manager assigned to the case or the treating provider has indicated they have requested authorization. Delayed medical treatment in workers compensation cases can be minimized if all parties are pro-active.

In the event an IME is scheduled it is highly unlikely medical treatment will be authorized before the scheduled evaluation. An option is to discuss treatment approval through a health insurer rather than the workers comp insurer. When requesting treatment from a health insurance policy it is important the health insurance company is aware that there is a pending workers compensation case with an IME scheduled. Using health insurance to avoid delays in medical treatment in a workers comp case is something that should be discussed with a qualified attorney because of the potential out of pocket expenses, issues with reimbursement, and other potential problems.

In rare circumstances when workers comp delays medical treatment the injured employee is willing to pay out of pocket for the medical treatment. Rather than wait for an IME to be performed or for a hearing to take place the injured worker may pay out of pocket if financially doable and permissible according to the doctors office policy. Injured workers should take care to pay for medical treatment according to the workers compensation fee schedule rather than health insurance rates or the doctors billing rates.

The great dilemma! Neither workers comp nor health insurance will pay for treatment.

The situation is all too familiar to the Maryland workers compensation attorney. The dilemma arises when an employee is injured on the job and is, by law, required to use workers comp insurance to pay for his or her medical treatment. From the first doctors appointment the medical providers are required by law to bill workers comp. Because of this, the health insurer will often refused to pay for any treatment. In many workers comp cases the initial treatment get authorized and paid for by workers comp and things run seemingly smooth. Then workers comp decides to start denying treatment.

Ordinarily the treatment that workers comp will deny is surgery, diagnostics, or extensive physical therapy. As a natural reaction to workers comp denying treatment, the injured worker contacts his or her health insurance and requests they authorize the particular treatment sought. The health insurance response: “its a workers comp case.”

What to do when Workers Comp won’t pay and Health Insurance won’t pay for medical treatment

Pay out of Pocket?

It is at this point the injured worker begins to feel helpless, devastated, angry, or confused. The next thought is to try and pay out of pocket so that they can get the treatment needed, get better, and return to work. This is a very noble thought and those that think of this should be commended for attempting to do what seems best. The unfortunate reality is that many physicians refuse to accept cash payments now days. The reasoning I can not comment on, however it does seem, especially with more expensive treatment, that there is a common refusal to accept cash payments.

Another issue with payment in cash could arise. The injured may believe that they can pay cash for the treatment and get reimbursed by either workers comp or health insurance eventually. In a great majority of cases this will not happen. Workers comp insurance pays physicians according to a fee schedule. Health insurance pays physicians according to a fee schedule. This means that the insurance providers, bother workers comp and health insurance, will pay at a lower rate than what is actually billed by the medical provider. That is a per-determined rate and not subject to increase. The amount the injured worker pays in cash, if permitted, will be at the full service rate and not the fee schedule rate. If any reimbursement is obtained it may be substantially lower than what was paid out of pocket.

Do I lawyer up to get health insurance or workers comp to pay for the treatment?

This is a good idea. If neither workers comp nor health insurance will pay for your treatment in Maryland then a workers compensation attorney can help get the treatment paid for. The good news is even if the Maryland work injury lawyer loses the workers comp case health insurance will then be responsible to pay for the treatment. An “Order” of the Maryland workers compensation commission will be issued finding the treatment either related to the work accident, or not related to the work accident. If the lawyer wins your case then Workers Comp will be forced to pay! Even in the unfortunate instance your case is lost at the Maryland Workers Compensation Commission health insurance will be required to pay for the treatment.

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultation Call, Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

Name:

Email:

Phone:

Subject:

Your Message:

In the box below type- help

WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore workers compensation lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Compensation law for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore workers compensation lawyer , or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>THE SUBSEQUENT INJURY FUND- SIF OF MARYLANDhttp://workinjurymaryland.com/the-subsequent-injury-fund-sif-of-maryland/
Thu, 18 Jan 2018 16:41:23 +0000http://workinjurymaryland.com/?p=1072WHAT IS THE SUBSEQUENT INJURY FUND (SIF) AS IT RELATES TO WORKERS COMPENSATION CASES IN MARYLAND? The Subsequent Injury Fund created by Maryland law is a state agency which, in some workers compensation cases, provides additional compensation to injured workers who have pre-existing medical conditions that affect their ability to work to some degree. The […]

]]>WHAT IS THE SUBSEQUENT INJURY FUND (SIF) AS IT RELATES TO WORKERS COMPENSATION CASES IN MARYLAND?

The Subsequent Injury Fund created by Maryland law is a state agency which, in some workers compensation cases, provides additional compensation to injured workers who have pre-existing medical conditions that affect their ability to work to some degree. The agency was created to encourage employers to hire employees with pre-existing medical conditions by limiting the employers liability.

If you were hurt at work and sustained substantial injuries then the Subsequent Injury Fund may at some point be involved in your case. These cases that involve serious work injuries as well as substantial pre-existing conditions are of the most complicated in nature among workers comp cases and require an attorney experienced in handling such claims.

To speak with Baltimore workers comp lawyer Andrew M. Rodabaugh Esq. for a FREE consultation Call , Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

THE MARYLAND SUBSEQUENT INJURY FUND (SIF)

The name Subsequent Injury Fund is often the source of much confusion among those injured on the job but also those attorneys not so rehearsed in workers compensation law. It is important to know that SIF pays for conditions that existed PRIOR to the workers comp case and not subsequent to the workers comp case. There is no SIF liability for a condition that develops after the work injury took place.

The Maryland Subsequent Injury Fund is often referred to as the workers comp fund for the elderly because for most it is only later in life one develops enough pre-existing conditions to meet the threshold to qualify for Subsequent Injury Fund compensation.

There are two questions; the answers to which will indicate whether there is a plausible SIF case. 1. Is the injury of the Claimant severe? 2. Does the Claimant have significant health conditions that were present before the workers comp accident took place?

Is the work injury severe enough to justify involving the Subsequent Injury Fund?

When determining if SIF may be involved in your case the severity of the injury is the first consideration. The amount of medical treatment the injured worker underwent is often a good starting point when analyzing the severity of the injury. An accident that only required a few months of physical therapy and some pain medication is likely not going to meet the threshold needed to obtain compensation from the Subsequent Injury Fund. However, if surgery, extensive pain management, or extensive psychological injury is involved it is often prudent to consider impleading the Maryland SIF into the workers compensation case.

Another consideration that needs to be taken into account when determining if there is potential Subsequent Injury Fund liability is what member of the body was injured. It is very unlikely that any finger injury case would rise to the threshold needed to implead the SIF and obtain compensation. Injuries involving the spinal cord, head, or shoulder(s) are the most common cases that lead to SIF involvement, mainly because of the structure of the Maryland Workers Compensation permanency calculations. Another condition referred to as complex regional pain syndrome (CRPS) or Regional Sympathetic Distrophy (RSD) often leads to Maryland Subsequent Injury Fund involvement.

Are the pre-existing conditions severe enough to justify SIF involvement in the workers compensation case?

Essentially the same analysis used in determining the severity of the work injury goes into determining the severity of the pre-existing conditions. Was there a surgery prior to the work accident? What amount of treatment did the injured worker have for the pre-existing condition? Did the surgery involve the spine, shoulders, head?

There are however some other factors that need to be accounted for when determining if the pre-existing conditions or injuries rise to justify Subsequent Injury Fund liability. First and foremost, cases that successfully obtain SIF money are those that involve more than one pre-existing condition, often 5 or more conditions or disabilities that were present before the work accident. To meet the Maryland SIF threshold it is usually necessary to have multiple prior conditions even if they are seemingly minor to the claimant. Conditions that are not usually involved in workers compensation cases may play a huge factor for Subsequent Injury Fund involvement if they were pre-existing. Consider health issues such as high blood pressure, diabetes, obesity, eyesight, hearing issues, arthritis, gout, cancer, and many other medical conditions. If the condition in anyway affects the workers ability to perform their job than it should be considered. Conditions such as high blood pressure may require the worker to avoid cafeteria food at work, or may require frequent breaks at work. Diabetes may require a break to take insulin or medication.

When SIF liability is questionable it is sometimes practice to use any and all pre-existing conditions to attempt to get to the threshold requirements. In other words: throw everything but the kitchen sink at them to get to the threshold.

Threshold requirement to obtain compensation from the Subsequent Injury Fund

To meet the threshold and obtain money from the Maryland Subsequent Injury Fund the injured worker must obtain an award from the Workers Compensation Commission that amounts to atleast 125 weeks of permanency for the injury sustained on the job. If the Award is 125 weeks or more the injured worker must then be awarded another 125 weeks of permanency payments for the pre-existing conditions. Total permanency award will be atleast 250 weeks of payments.

It is worth noting if there are numerous body parts involved the injured worker has a better chance of reaching the Maryland SIF compensation threshold.

How do you determine the weeks of permanency payments?

The weeks awarded are the result of calculations determined from the percentage impairment awarded by the Commission. If the Commission were to award 25% impairment to the back they would be awarding 125 weeks of payments. For injuries to the back, neck head, shoulders, psychological injuries, or other conditions such as cancers, heart or lung disease the award must atleast be 25%. For the arm and leg, the award must be atleast 41.7% to obtain 125 weeks of payments. For the hand or foot the award must be atleast 50%.

If you have a workers compensation case that you would like to discuss with Maryland Workers Compensation Attorney Andrew M. Rodabaugh he is available for a free consultation. If you believe the injuries you have sustained are severe enough to involve the Subsequent Injury Fund in your case than notify Mr. Rodabaugh of this. When SIF is involved and compensation is successfully obtained from them the total amount of compensation the injured worker receives is often doubled from what they would have received without the SIF being involved. Workers Compensation is a complicated process for the injured worker. When the Maryland Subsequent Injury Fund is involved the process becomes even more complicated and is difficult for some attorney’s to understand. Mr. Rodabaugh is the qualified and experienced Maryland workers compensation attorney you need on your side!

Funding the Maryland Subsequent Injury Fund

The Subsequent Injury Fund is an operable state agency that is funded by assessments against Workers Compensation Insurers in the state of Maryland. The SIF uses that money for operational costs as well as paying liabilities on claims. Workers Compensation Insurers in the state of Maryland are assessed a fee of 6.5% of any permanency award. The insurers are also assessed 6.5% on any settlement of a Maryland Workers Compensation Claim.

Right now the Subsequent Injury fund has approximately an $82,000,000 balance that can be used for operational expenses and paying successful claimants workers compensation awards. A copy of the Fund Balance for years 2011 to present can be found here.

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

Name:

Email:

Phone:

Subject:

Your Message:

In the box below type- help

WEBSITE DISCLAIMER
THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore workers compensation lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Compensation law for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore workers compensation lawyer , or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>KOREAN SPEAKING WORKERS COMPENSATION LAWYER?http://workinjurymaryland.com/korean-speaking-workers-compensation-lawyer/
Wed, 17 Jan 2018 21:33:10 +0000http://workinjurymaryland.com/?p=1067Is it Necessary to have Korean Speaking workers compensation attorney? Korean Speaking employees hurt at work do not necessarily need a Korean speaking workers compensation attorney It is understandable that those who are injured on the job want an attorney who speaks their language. It certainly would make communication easier to have an attorney that […]

]]>Is it Necessary to have Korean Speaking workers compensation attorney?

Korean Speaking employees hurt at work do not necessarily need a Korean speaking workers compensation attorney

It is understandable that those who are injured on the job want an attorney who speaks their language. It certainly would make communication easier to have an attorney that speaks the same language. However, with current technology and Maryland laws, navigating a workers compensation case with an English speaking attorney is possible. Obtaining the same benefits is also possible.

Technology and how it assists the English speaking attorney adequately represent Korean speaking injured workers

As a workers compensation attorney I have represented a number of Korean speaking injured workers throughout my career. What I have found to be most helpful while representing them is the assistance of an English speaking family member. Communication then can be made through email, letters in the mail, and fax transmissions to the family member who can then relay the message.

In the event the injured worker does not have a family member that is able to assist communication can be difficult, however there are ways to make representation possible. Through the use of Google translate communication may be possible.

Maryland laws and how they help the Korean speaking worker navigate workers compensation

Maryland workers compensation laws provide protection to any employee injured on the job working in Maryland. This does not exclude those who speak another language such as Korean. Once a proper method of communication is established between the injured worker and their attorney the next step is ensuring that the Korean speaking injured worker is able to be properly understood at workers compensation hearings.

Maryland laws provide the injured worker the right to request an interpreter at a hearing and this request is done by the workers compensation attorney at a time prior to the scheduled hearing date. Interpreters are provided for any number of languages including but not limited to Spanish, Urdo, Chinese, Korean, Russian, Italian, German, Swedish, French and more.

Maryland workers compensation laws are designed to assist the injured worker get better and return to work. All injured employees are entitled to a number of benefits under Maryland workers compensation.

Benefits to which ALL injured workers are entitled

Injured workers are entitled to lost wages while being held out of work by a doctor because of the injury that took place at work. These lost wages are paid at 2/3 of the injured workers average weekly wage but are not taxed.

If the injured worker is able to work, but only limited hours, or limited job duties then they are entitled to partial lost wages called temporary partial disability (tpd). If the injured worker normally works 8 hours but because of doctors restrictions is only able to work 4 hours, they would then be entitled to 2 hours of payment from workers comp. The injured worker is entitled to 50% of the difference of the pre-injury wage and post injury wage.

The injured worker is entitled to have their medical bills paid by the workers compensation insurer as long as the medical bills are related to the injury.

Injured worker is entitled to a settlement, or an award of permanency once he or she has been discharged from care by the treating doctor.

If the case is not settled, and an award of permanency is issued, the injured worker retains the right to reopen their claim and seek further treatment to the injured body part.

In some circumstances an injured worker is entitled to vocational rehabilitation (job counseling). The injured worker would be paid the lost wage rate of 2/3 of their average weekly wage while they look for a job with the help of a job counselor. See below for difficulties that may arise when seeking vocational rehabilitation.

The injured worker is entitled to be paid back for any out of pocket expenses related to medical treatment. This includes parking, mileage, tolls, and many other expenses.

Some Difficulties the Korean Speaking worker may face when involved in a workers compensation case

In the past I have had difficult securing a Vocational Rehabilitation counselor that is able to speak Korean. While this was at first a difficult circumstance, with the help of a family member we were able to start the vocational rehabilitation process. Further difficult arose during the search for new employment. Non English speaking injured workers are at an increased disadvantage because of the language barrier. Often the job prospects are limited to those that can be obtained by personal referrals or those provided by a community association such as the Korean Society of Maryland.

Non English speaking workers may have a difficult time obtaining proper and adequate treatment because of the language barrier. Fortunately there are a number of Korean speaking physicians that are more than qualified to provide the necessary treatment.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

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WEBSITE DISCLAIMER
THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore workers compensation lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Compensation law for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore workers compensation lawyer , or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>MMI – MAXIMUM MEDICAL IMPROVEMENT – WORKERS COMPhttp://workinjurymaryland.com/mmi-maximum-medical-improvement-workers-comp/
Tue, 16 Jan 2018 18:42:17 +0000http://workinjurymaryland.com/?p=1050 Maximum Medical Improvement- MMI Maximum Medical Improvement (MMI) is a term regarding the treatment status of a patient. When a patient is at mmi they have, according to that particular doctor, reached a plateau in treatment. They are no longer benefiting from treatment and there simply is no other treatment options […]

Maximum Medical Improvement- MMI

Maximum Medical Improvement (MMI) is a term regarding the treatment status of a patient. When a patient is at mmi they have, according to that particular doctor, reached a plateau in treatment. They are no longer benefiting from treatment and there simply is no other treatment options for the injured worker that particular doctor can offer to them. In other words maximum medical improvement indicates the patient is at the expected maximum level of improvement current medical treatment can provide them.

For many injured workers being told they are at maximum medical improvement is quite troubling. Having to deal with pain knowing it will likely not improve because there are no treatment options can be a difficult fact to accept. If a person continues to have pain, limitations or problems related to a work injury then they are entitled to compensation in the form of settlement or permanency, but only after they have reached a point of maximum medical improvement / MMI.

When a patient has reached MMI it has essentially been determined there is no medical necessity for further treatment at that time or in the foreseeable future. However, when you ask a defense attorney and a injured workers attorney this question you usually get different answers. It is quite common for the defense attorney to indicate that a finding of maximum medical improvement means there is no need for treatment at the time of mmi, in the foreseeable future, or at anytime in the future. When asking a workmans comp attorney representing the injured employee maximum medical improvement is described as indicating there is no need for treatment now in the foreseeable future, however the need for treatment may arise at sometime unknown to all parties.

The distinction in interpretations of maximum medical improvement directly impacts the future of the injured workers case. If, as the defense attorney argues, mmi were too truly mean no future treatment at all then the claim would come to an end at every permanency hearing. Leading to the inability to reopen a case for future medical treatment should the injured worker require so. Their interpretation directly assists their case in the future should it be believed by the deciding commissioner. Very rarely is the argument successful that MMI means no treatment is needed at any time in the future.

Like the defense attorney interpretation, the claimants’ attorney’s interpretation of maximum medical improvement is also self serving. Arguing that there is a possibility for future treatment is posturing the case for a reopening if and when the injured worker needs future treatment. The Maryland workers compensation article allows an injured worker to seek permanency after reaching maximum medical improvement while also allowing a re-opending for a worsening of condition. If MMI meant no treatment at all in the future then the re-opending section of the article would not exist, or the right to an initial permanency would not exist.

When MMI or Maximum Medical Improvement has been reached

As previously indicated, if a patient/claimant is found to be at maximum medical improvement by their treating physician then the case can be moved to settlement or permanency. It is very difficult if not impossible to argue for continued treatment if no doctor is indicated treatment is needed and the injured worker is at MMI. Most often this means that the employee can be rated and prepare to go to a permanency hearing. The distinction between settlement and permanency is that the injured worker will be able to reopen their case for future treatment if they worsen. If a case is settled usually there is no reopening option.

If the independent Medical Evaluation (IME) indicated MMI

In many circumstances it is not the treating doctor indicating the injured worker is at MMI but it is an Independent Medical Evaluator (IME) that is indicated maximum medical improvement. When an IME is scheduled by workmans comp they usually ask the IME doctor to indicate if the injured worker is at mmi.For more reading about IME’s go here. In the event an IME doctor indicates the patient is at maximum medical improvement the patient/injured worker may not necessarily have to stop getting treatment. As long as there is a doctor indicated treatment is needed and the treatment needed is related to the work injury than there is a chance to get further medical attention. In this scenario the injured worker should find a qualified and experienced workmans comp attorney to represent them as a hearing before the Commission will be needed.

If a hearing is held before the Commission and the Commission finds that the injured worker is at maximum medical improvement then the case must be moved to permanency and treatment will no longer be paid for by the workers comp insurer. The injured worker does however retain the right to reopen their case for worsening even if the Commission finds mmi.

MMI when other treatment options are being recommended

In addition to a physician indicating that the injured worker is at maximum medical improvement the injured worker can essentially place him or herself at mmi. This can be done by simply stating that treatment is no longer wanted. When treatment is being recommended but the injured worker does not want the treatment then this may have an impact on the value of the claim. The surest way to indicate maximum medical improvement is by the injured worker indicating they do not want any further treatment and prefer to move forward with permanency or settlement. Note this is not ordinarily a good idea as it tends to reduce the value of the case, however it is reasonable to turn down certain treatment options because it may not be an ideal time to undergo the particular treatment. Such is the circumstance when surgery is recommended but summer break or holiday season is approaching. Electing to be at MMI may not serve to reduce the value of a claim if there is a justifiable reason for turning down treatment.

In some circumstances injured workers may need ongoing, continual, and lifetime medical treatment for an injury. There is still an option to seek permanency and argue that the injured worker is maximum medical improvement. Consider pain management which may require a visit to the doctor every month for life or the back or neck injury that may require annual physical therapy. In these cases it must be determined if the treatment being provided is palliative in nature or if the treatment provided is for the purposes of improving symptoms. The most notable distinction in these forms of treatment is that palliative treatment seems to be for the purpose of maintaining a status quo.

What may indicate a patient is not at Maximum Medical Improvement?

A treating physician is indicating that there is a need for future treatment. This may include an opinion from a primary care doctor, orthopedic, internist, physical therapist, or other doctors.

The IME indicates that there may be a need for treatment. Occasionally a treating physician indicates mmi while an IME doctor indicates that future treatment is needed.

The injured worker is going to seek more treatment in the near future. Even if a treating doctor indicates the claimant to be at mmi, if the injured worker plans to see another doctor, or seek additional treatment through someone other than the doctor indicating mmi then it can be argued that maximum medical improvement has not yet been reached.

There are follow up appointments schedule with a physician.

The injured worker is obtaining treatment through their health insurance policy rather than through workers comp insurance. If treatment is being obtained through health insurance than the causal relationship of that treatment must first be decided before seeking a mmi finding.

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

Name:

Email:

Phone:

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Your Message:

In the box below type- help

WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore workers compensation lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Compensation law for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore workers compensation lawyer , or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>IS YOUR INJURY COVERED UNDER WORKERS COMP?http://workinjurymaryland.com/injury-covered-under-workers-comp/
Tue, 16 Jan 2018 17:44:10 +0000http://workinjurymaryland.com/?p=1037WHAT JOBS AND INJURIES ARE COVERED UNDER WORKERS COMP ? Those injured on the job often wonder whether their injuries are covered under workers comp laws. While the laws of various states often differ, Maryland, the first state in the nation to pass workers comp legislation, had laid the foundation for other states. Below is […]

WHAT JOBS AND INJURIES ARE COVERED UNDER WORKERS COMP ?

Those injured on the job often wonder whether their injuries are covered under workers comp laws. While the laws of various states often differ, Maryland, the first state in the nation to pass workers comp legislation, had laid the foundation for other states.

Below is a discussion of a selection of occupations that are covered under Maryland workers compensation laws but it is important to note that almost every occupation is covered by workers comp. The discussion is based on Maryland law and should not be relied upon as legal advise or evidence, or legal argument in any circumstance. Workers Comp injuries should be discussed with a qualified attorney.

Warehouse workers, Assembly line worker, and Material Handlers are covered under workers comp See Section

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

______________________________________________________________

What determines if an injured worker is covered under workers comp ?

There are a number of factors to consider when determining whether an injured worker is covered under workers compensation. While this list is not conclusive it is a good starting point for the analysis:

Is the injured worker an independent contractor? If so they will likely have to seek coverage under their own workers compensation policy.

Was the injury sustained while performing work related duties? Please note this may consider injuries while on lunch breaks, traveling for a personal and work related errand.

Was there drugs or alcohol involved in the accident? Under Maryland law even if there is a positive drug test the injured worker may still be entitled to some workers compensation benefits!

Are there any prior injuries this workers sustained to the same body parts? It could be argued that the new accident only resulted in an aggravation of a pre-existing condition; however money compensation and medical treatment can still be sought under workers compensation .

Did the accident occur as a result of an idiopathic condition? For example, a worker who suffers from epilepsy is injured when he falls to the ground at the while working at the employers office. These accidents are rarely covered. An attorney should still be consulted.

Behavior Specialists are covered under Workers Comp

Those employed as behavior specialists, Counselors, and therapists in Maryland are often injured on the job. It is important to note that a great majority of the behavior specialists are entitled to workers compensation benefits. The inherent risk of the occupation makes it almost impossible to alleviate all the dangers associated with being behavior specialist so it is vital that workers compensation is available in the event an injury is sustained. Mr. Rodabaugh has represented numerous workers who sustained injuries after an attack or other mechanism of injury.

With the help of Workman’s Compensation attorney Mr. Rodabaugh, behavior specialists, counselors, and therapists can obtain all of the benefits to which they are entitled under workers compensation.

Those Specialists and Counselors hurt at work in Maryland are entitled to numerous benefits under workers comp:

Lost wages for time missed from work because of the injury. Referred to as temporary total disability payments (TTD);

Complete payment of medical bills from treatment, consultations, diagnostics, medication, or other medically related items such as transportation to the doctors appointments, braces, crutches, alternative means of transportation such as scooters and walkers.

Vocational Rehabilitation is often available as well. This would include job counseling and assistance in the job search.

Vocational Rehabilitation benefits, in the same amount as TTD will be paid to the injured worker while searching for a job or undergoing training in a new occupation.

If the Behavior Specialist, Counselor, or therapist does not recover from the accident 100% they will be entitled to a permanency award. Mr. Rodabaugh will help set up a rating appointment to determine what if any permanent partial disability the injured worker has.

Insurers often fight medical treatment, especially when the case has be reopened. Mr. Rodabaugh can assist Behavior Specialists in obtaining lifetime medical care if the nature of the injury so requires.

The inherent risks of working as a Behavior Specialist, Counselor, or Therapist.

Children and troubled youth are unpredictable and irrational at times. Going into the profession most Behavior Specialists and Therapists know this but are willing to put their safety on the line for the greater good. The risks associated with working around troubled youth can be obvious at times. They can become combative towards staff or other youth and such acts of aggression often lead to injuries of a great variety. Injuries can vary in degree and nature- from a sprained finger during an altercation to a fractured skull because of a surprise attack. Ensuring these employees are covered under workers comp is important.

There are also other risks associated with the occupation that are not apparent. Those risks relate to anyone that is in an educational setting like teachers. (See Baltimore City Teachers). Being active for many hours of the day can lead to sprains and strains. The requirement to be standing a majority of the day can and will lead to increased risk of injury by way of a trip, slip, or fall. Many Behavior Specialists are required to provide materials used for education which may on occasion require heavy lifting. In other circumstances those behavior specialists that are required to participate in physical education are at an increased rate of sustained sports related injuries.

Some of the injured Behavior Specialists, Therapists, or Counselors Mr. Rodabaugh has helped get covered under workers comp:

Behavior specialist who was assaulted by a student from behind. She was punched in the back of the head and wrestled to the ground by the student. With the help of staff she was able to escape the attack however not without injuries. The result of the attack was a head injury, back sprain, and neck strain. The client was covered under workers compensation laws and awarded back pay and permanency money with the help of Mr. Rodabaugh.

Behavior therapist was walking from the parking lot of the facility to start his day of work when he tripped on a piece of cracked cement. He fell to the ground and landed on his knee. Surgery was required to remove a chuck of the bone and repair a ligament.

A behavior specialist witnessed a very troubled youth self mutilate himself

. The horrific nature of the scene led to the specialist needing psychological treatment. After an extensive course of therapy he was able to recover from the trauma completely and workers comp covered lost wages and medical treatment.

Behavior Specialist was teaching a course when a student became unruly. The student was asked to leave the class and the response was to throw a chair at the teacher.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

The question often arises whether delivery drivers are covered under workman’s comp benefits. The short answer is YES. If the drivers are performing a job related task at the time of the accident then they will likely be covered under workers comp benefits. While the range of accidents which lead to work comp coverage is great there are certain driving occupations, and types of accidents that are particularly more common. Pizza delivery drivers, Parcel services such as Fed Ex, UPS, DHL, product delivery drivers, and even service drivers such as limo drivers and taxi drivers may be covered.

Pizza delivery drivers and other food delivery drivers are covered under Maryland Workmans’ Compensation law

Whether the worker is a driver for a large chain pizza restaurant, or a smaller mom and pop type restaurant they are likely covered under workers comp in Maryland. The fast pace work environment, exposure to the weather elements, and late hours all lead to vulnerability for drivers. The severity of the injury ordinarily does not factor into whether the injured worker is entitled to benefits, but does ultimately have an affect on the final permanency award. Only to some extent does the time, place and manner of the accident actually affect a workers claim to benefits. A task that is specifically job related would be covered under workers comp.

Common types of accidents food delivery drivers may sustain that would lead to coverage under Maryland Workman’s Comp

Accidents that would be covered include: a burn on hot food, slipping while walking out of the restaurant to go on a delivery, falling while returning from a delivery, getting attacked by a dog while performing a delivery, getting in an auto accident while in route for delivery. Regardless of fault, an auto accident would be covered under workers compensation if it occurred during the course of employment.

If the deliver driver was performing an act that was solely for his own gain they would not be covered. This would include a scheduled break where the driver punched out and went home for his own personal reasons. However, a delivery driver that quickly stopped by their house while on a delivery run would be covered under workers comp! An act that was of mutual benefit to himself and the employer would be covered under Workers Comp in Maryland. An example of this would be a personal trip to the grocery store but also to pick up an item of food for the restaurant such as two liters of soda.

Food delivery driver received an order for a number of pizzas and two liter sodas in Baltimore. The driver made the trip and arrived at the delivery spot with no issues. The person who ordered the delivery was actually someone planning on mugging the delivery man. The driver was robbed at gunpoint, beaten, hit in the head with a handgun, and pushed down a flight of cement steps in Baltimore. The case settled for over six figures.

Parcel delivery agents such as Fed Ex drivers, UPS drivers, DHL drivers and food and beverage delivery drivers would be covered under Workers’ Comp in Maryland

There are numerous risks that make parcel drivers susceptible to injury while on the job. For many drivers, time is of the essence. The public relies on timely shipping of their packages and these companies strive to meet that demand. Presumably this can lead to long arduous hours with many deliveries throughout a particular area on any given day.

The National Institute for Occupational Safety and Health conducted an ergonomic study in an effort to study, identify, and reduce risks associated within the soft drink and beverage delivery industry. These findings may be applied loosely to those whom drive for particular parcel services as well as those in the delivery industry.

Injuries among Parcel and Product delivery drivers are usually covered under Workers comp

Parcel delivery drivers may work up to 15 hours in a day with the potential of delivery to over 100 stops within any given day. Packages range in size. For the heavier packages strains and sprains to the low back, knees, or shoulders may be common. For the smaller packages- even repeatedly lifting packages of less than 30 lbs may lead to sprains and strains. An enlightening and interesting article can be found here at A Day in the Life of a FedEx Driver. If you stop and look around the room you sit each and every item was delivered by someone at some point in the logistics process. From the furniture weighing hundreds of pounds to the boxes of pens that may have been packaged by the thousands, all have been lifted and carried by at least one, and likely multiple delivery personnel.

Notwithstanding the repeated lifting of heavy or moderate packages throughout the day, there are other risks that lead to injuries for the product delivery driver. With any transportation job, auto collisions are an associated risk. Again, regardless of fault delivery drivers may likely be covered under Maryland Workmans’ Comp laws. When bad weather is present the risks of injury increase. Slip and Falls are expected during wintry weather, and summer rain may contribute to an increase in collisions.

A soda delivery driver was operating a hand truck in Baltimore that he stacked with about four cases of soda. Pushing the hand truck up an incline on the sidewalk he sustained a low back strain. The workers comp insurance company urged him to return to work which ultimately resulted in an aggravation injury to the low back. The soda delivery driver underwent a course of physical therapy and injections were recommended. The case(s) were later settled for $22,000.

A Bakery delivery driver in Baltimore was pushing carts loaded with rolls and bread out of his truck. The driver did not see a break in the flooring and twisted his knee. Surgery was performed, therapy undertook, and eventually a permanency award was obtained in the case.

Delivery driver was tasked with taking a load to a grocery store. The store was located in a particular bad part of Baltimore. The timing of the delivery was late in the evening and there was poor lighting at the drop off spot. The driver was mugged, beaten, stabbed and left on the ground. Fortunately the driver was found and recovered after over a year of intense psychological and physical therapy.

Service Drivers, Taxi drivers, and Shuttle drivers may all be covered under workers Comp

There are a number of occupations that do not ordinarily come up when thinking about who would be covered under workers comp. Service providers, taxi drivers, and shuttle drivers do not ordinarily come to mind when thinking of work injuries, however for the most part these employees do occasionally get injured and are covered under workers comp laws.

Service Industry

A large portion of the services industry spends considerable time on the road in between calls and job sites. This would include but is not limited to plumbers, HVAC mechanics, appliance repairman, exterminators, and fuel company drivers. All of these occupations require multiple trips throughout the day. For the plumber, HVAC, appliance repairman they may have to drive to the residence diagnose the problem, drive to the supply house, return to the office or move on to a second call. Inherent risks include those with any traveling occupation, however these workers often have to lift heavy parts and replacement products which lead to strains, sprains, breaks, and tears. All of which would require some degree of coverage under workers comp.

Exterminators and fuel truck drivers are often traveling to multiple residence each day. Upon arrival they are required to unravel hundreds of feet of heavy hose, maneuver around yards, landscaping, and other stationary objects just to get to the drop off point. Common injuries among exterminators and fuel truck drivers include shoulder injuries but also injuries to other parts of the body are sustained when they slip, trip or fall. Being covered under workers comp is important so they are able to obtain medical treatment and not have to worry losing money while off from work.

Shuttle Drivers

Airport shuttle drivers, Maryland Mobility drivers, and MTA drivers are all covered under workmers comp if injured while working. The common risks associated with spending many hours on the road are certainly present for these drivers however other risks often arise. Airport shuttle drivers on occasion have to lift heavy suitcases which may lead to shoulder, neck, or back problems. They also ccasionally have to step out into the weather elements. For Mobility drivers they are often tasked with helping the disabled or elderly from their home steps to the vehicle. It is quite possible that Mobility drivers are required to assist in maneuvering heavy wheelchairs or lifts.

Taxi Drivers, Uber, Lift

For taxi drivers coverage under Maryland workman’s comp can be a tricky question that almost always requires the involvement of an attorney. The reason is that often these drivers are categorized as an independent contractor which places them outside of the coverage for workers compensation. How taxi drivers are paid, who they take orders from, how much direction they are given, and specific job requirements all come into play in the analysis as to whether they would be covered under workers comp.

Some Service Drivers in Baltimore and throughout Maryland we have represented in obtaining workers comp benefits

An exterminator was tasked with spraying an acre of property with a bug repellent. With hundreds of feet of hose unraveled the driver attempted to pull the hose a bit further when he felt a snap in his shoulder. Being covered under workers comp was imperative to this injured worker because he was unable to work for over 1 year. The Torn ligament led to multiple surgeries and eventually a settlement over $100,000.

An HVAC mechanic was tasked with maneuvering an air conditioning condenser out of a tight space when he felt a twinge in his neck. He underwent a course of physical therapy and was able to return to work in a full capacity only possible because he was covered under workers comp.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultation Call , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

EMT, paramedics and emergency personnel are covered under workers comp!

Emergency Medical Technicians (EMT), Paramedics, and other public safety employees are regularly injured on the job and require the assistance of a Workers Compensation Attorney

Common work injuries among EMT and Paramedics

Certain occupations require more physical activity than others which results in a higher rate of injury among those employed in such occupation. Employees of the public safety sector are regularly on the move responding to emergency calls in order to assist citizens involved in accidents. In 2015 there were 754 injuries sustained by Fireman Including Volunteer & Ambulance services resulting in a slight reduction from prior years. While there does not appear to be any subjective data collected on the severity of these particular injuries or how they occurred, there does seem to be common sources of work injuries for EMT and Paramedics which result in them relying on workers comp coverage.

EMT and Paramedics are occasionally injured while maneuvering patients onto or off of stretchers or gurneys. It is quite common for emergency personnel to suffer minor back and shoulder strains while attempting to move a patient. Particularly a patient that is motionless weight, or excessive weight. Even minor accidents may lead to needing to be covered under workers comp. Unfortunately there are instances where the injuries are not just a minor strain or sprain but result in complete ligament tear, or herniated discs.

Paramedics and EMT are also susceptible to being injured at work while in transport to and from emergency calls. One of the more obvious modes of injury for all emergency personnel are auto accidents which are almost always covered under workers comp according to Maryland law. The nature of the occupation requires a quick response time and sometimes auto accidents are unavoidable. Even the most cautious driver is still susceptible to accidents that are caused by other drivers but if you add in the faster speeds that paramedics and EMT’s must travel at then the chance of a non-at fault auto accident is increased. In addition to auto accidents there are other risks while in transport to and from calls.

Any occupation that requires regular and constant travel will include exposure to inherent dangers. It is not uncommon for EMT and Paramedics to be injured while walking to their unit or walking from their unit to the location of the emergency. Injuries from falls while descending and ascending steps, slips while maneuvering through the elements, especially in icy conditions, and injuries while moving through patients homes are common work injuries among EMT and Paramedics which require them to be covered under workers comp.

When transporting patients often times an EMT or Parmedic must be in the back of the unit administering medical treatment. Increased risk of injury occurs when the medical provider is not seat buckled but is moving freely throughout the cabin of the ambulance. The risk of fall is apparent, but also some risk of getting injured while working on the patient using medical equipment. Risks such as getting stuck with needles, being injured by aggressive patients, or being hit by equipment or supplies increases dramatically when the ambulance is in motion.

Workers Compensation Benefits for EMT and Paramedics

EMT and Paramedics are covered under workers comp just as any other employee is entitled to workers compensation benefits. The benefits of which injured workers regularly receive under workers compensation include:

Medical Treatment for EMT/Paramedics through workers compensation-

An injured worker is entitled to medical treatment to the injured body part for the remainder of their life according to Maryland workers comp law. The caveat to this rule, which is regularly misunderstood among injured workers, is that the nature and extent of the injury must justify lifetime medical treatment. If the injury is minor then the future medical treatment may be minor or non-existent for the injured EMT or Paramedic.

Temporary Total Disability/Lost wage payments by workers comp-

As long as a physician is indicating that the injured EMT or Paramedic is unable to work in any capacity then temporary total disability/lost wages are due. Lost wages should be paid at 2/3 of the average weekly wage of the injured paramedic by the workers compensation insurer. In some when an EMT or paramedic is held out of work by their doctor they may receive full wages. See EMT and Paramedics benefits as public safety employees below.

Temporary Partial Disability-

If working but not making the same wages that were being paid prior to the accident then temporary partial disability benefits should be paid by workers comp to the injured EMT or paramedic. These payments are calculated as 50% of the difference of the pre-injury and post injury wages.

Once discharged from treatment the EMT or Paramedic injured at work qualifies for permanent partial disability. This will only apply in cases where there is some remaining physical problems, complaints, pain, or discomfort. Maryland workers comp Attorney will have an evaluation performed by a specialized orthopedic surgeon who will provide an impairment rating. The rating assists the EMT’s workers compensation attorney in determining a reasonable settlement amount or an expected permanency award. There are legal doctrines such as industrial loss, combined other cases, which are also considered when estimating settlement or permanency award the EMT should expect.

Permanent Total Disability

In very rare circumstances a person is not able to return to work in any capacity because of the severity of their injury. If the paramedic has sustained such serious injuries from a work accident that they are not physically able to seek any gainful employment then a permanency finding of “permanent total” may be awarded by the commission. These findings are quite rare and most paramedics would not qualify for a permanent total award by the Workers Compensation Commission.

Vocational Rehabilitation Benefits to EMT/Paramedics are covered under workers comp

If no longer able to perform the work duties and the employer does not have an accommodation available EMT and Paramedics who are getting workers comp may be candidates for Voc Rehab. A vocational counselor will be assigned to the case while the injured EMT and Paramedic search for employment. While the job search continues so will the workers compensation benefits.

Reimbursement of Expenses

The injured EMT or Paramedic should not be required to make out of pocket payments for prescription medication, or be expected to pay parking when visiting their doctor. However, this does occur in many cases. These expenses are to be reimbursed to the injured.

Mileage may be covered under workers comp

Under Maryland workers compensation laws the injured employee is entitled to be reimbursed for mileage when traveling to and from a treating doctors.

Transportation

In certain circumstances the injured employee is entitled to transportation to and from each scheduled doctors or therapy appointment. Your Maryland workers compensation attorney may be able to arrange your pick up and drop off free of cost to you.

Additional Benefits

On occasion additional benefits can be obtained from the insurance company. Mr. Rodabaugh has represented clients and successfully obtained financial advancements on multiple occasions, payment for weight loss programs, changes to personal vehicles to suite disability, and access ramps to the injured workers home.

In addition to the above stated workers compensation benefits to which every injured Maryland worker is entitled, as public safety employees EMT’s and Paramedics are entitled to other benefits.

How are EMT’s and Paramedics’ workers compensation benefits affected as public safety employees?

Many EMT’s and Paramedics are employees of municipalities, ordinarily county governments. As government employees they may receive a period of A-leave benefits. Accident leave can be paid in lieu of temporary total disability/lost wage payments. The benefit is that the EMT or Paramedic will get full wages for a period of time which is more than the 2/3 of their average weekly wage which is ordinarily the amount paid and covered under workers comp. The down side is that accident leave does not toll the statute of limitations for any given case.

As public safety employees EMT’s and Paramedics receive the second tier rate of payment on permanency awards that would otherwise be paid at the first tier rate. This means that EMT and Paramedics who have sustained the exact same injury as a non-public safety employee will receive almost twice as much compensation.

EMT and Paramedics are entitled to a number of legal presumptions. A legal presumption places less of an evidentiary burden on the EMT and Paramedic and gives them a slight advantage. Under Maryland workers compensation law EMT/Paramedics enjoy a presumption of compensability for occupational diseases including hypertension, heart disease, lung disease. Further presumptions of compensability are provided for those EMT and Paramedics who have worked at the department for 10 years, are not able to perform duties because of the occupational disease, and passed a physical prior to employment. If these terms are met then the employee will be covered under workers comp for leukemia, prostate, rectal, throat, brain, testicular, lymphoma or breast cancer.

Volunteer EMT and Paramedic workers compensation benefits

Volunteer EMT and Paramedics will enjoy most of the benefits that the paid EMT or Paramedic receives under Maryland workers compensation laws. One key distinction is how the volunteer EMT or Paramedic would be pad if they are not able to work. As a volunteer they do not receive wages so determining the amount of lost wages which would be covered under workers comp would be impossible, however Maryland law provides the average weekly wage from any full time employment the volunteer has would be used in determining the lost wage payment amount. For more on volunteer employees go here.

EMT was working for a private ambulance company when he injured his right shoulder. He was rushing to his unit to respond to a call and slipped on some melted snow. Injury sustained was a rupture of the supraspinatus tendon. Mr. Rodabaugh helped the EMT get covered under workers comp for lost wages and a settlement over the amount of $50,000.

EMT was traveling in the rear of a response unit when the unit was involved in a collision. The EMT sustained neck and head injuries after being thrown about the back of the ambulance. Mr. Rodabaugh was able to have the claim deemed compensable and recovered lost wages.

Paramedic was attempting to raise a gurney when she felt a pop in her wrist and pain in her arm. The weight of the patient and the amount of strength needed to raise the gurney resulted in bilateral extremity damage. The Paramedic received extensive therapy and Mr. Rodabaugh assisted her in obtaining a permanency award before the workers compensation commission.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultation Call , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

Grocery Stores Employees are covered under workers comp in Maryland!

Employees of grocery stores who are injured on the job in Maryland are covered under Maryland workers compensation!When workers compensation is mentioned most people automatically begin thinking of hard labor jobs such as construction, carpentry, plumbing, and electrical. It should be known that almost every occupation in the state of Maryland are covered under workers compensation and that includes employees of grocery stores!

What grocery store employees are covered under Maryland workers comp?

It is likely that every employee in the grocery store is covered under Maryland workers Compensation laws. This would include Bakers, Butchers, Cashiers, Managers, Cart boys, Customer service, stock clerks, and others.

Employees that may not be covered under workers comp are those that are considered a contracted employee. It is IMPORTANT to note that even if an employee is called a contracted employee by the grocery store they may not be considered a contracted employee by the Maryland Workers Compensation Commission and may still be covered under workers comp.

What are some common injuries sustained by Baltimore grocery store workers?

As with any occupation that requires an employee to walk around there is always the risk of a trip, slip, or fall. It is not unheard of to find spilled food or beverages on the floor of a grocery store. This can be a hazard not only for employees but also patrons.

It is commonly understood that meat cutters are particularly susceptible to developing carpal tunnel syndrome. The repetitive cutting in the cold environment creates an inherent risk of developing the syndrome. More on Carpal Tunnel

Stocking clerks are sometimes expected to lift heavy objects repeatedly which can occasionally result in sprains and strains of the back, neck, shoulders, and arms.

Cases we have handled that involved injured grocery store workers throughout the state of Maryland

Manager of Grocery Store injured

Injured workers was the manager of a large grocery store chain located in Montgomery County. He was doing his rounds around the store when he tripped over a pallet with cases of water causing him to twist his low back. The workers comp insurer challenged the case however Mr. Rodabaugh was able to convince them to accept the case as compensable and he was covered under workers comp. The injured Maryland worker underwent a course of physical therapy and then returned to his position.

Stocking Clerk injured

Stock clerk was working night hours stocking shelves fool of product. As she was maneuvering a pallet jack she hit a shelf causing another pallet to tip over on her hip which caused her to fall. The stock clerk sustained injuries to her knee and low back. The first hearing was conducted which resulted in authorization of medical treatment- physical therapy and cortisone injections. A second hearing was later conducted and over $10,000 was awarded.

Loading dock attendant injured

A loading dock attendant was working in a well known grocery store in Frederick Maryland. He tripped and fell over 4 feet off of a loading dock injuring his ankle and shoulder. After multiple ankle surgeries, physical therapy and pain management he was discharged from care. Because of expected lifelong pain Attorney Rodabaugh later settled the case for over $300,000.

Meat Cutter/ Butcher Injured

A meat cutter injured his neck when lifting a leg of meat at a well know grocery store in Baltimore. He underwent surgery and pain management and eventually returned back to work full duty. An award of over $70,000 was obtained at the Maryland Workers Compensation Commission!

Bakery Workers Injured

An employee of 12 years was working in the Bakery department of a grocery store when he had to kneel down to pick up a utensil. He felt a pop in his knee and was later diagnosed with ligament damage. Lost wages, surgery, and medication were all awarded by the Maryland Workers Compensation Commission and he was covered under workers comp.

Bakers assistant was attempting to move a commercial sized bakery bowl when he tripped and injured his arm and low back. Mr. Rodabaugh was successful arguing the case at the Maryland Workers Compensation Commission and later recovered over $6000 for the injured worker.

Bakery worker injured his shoulder while attempting to lift a five gallon bucket of icing. Two hearing took place in this case, both of which Mr. Rodabaugh was successful in obtaining Maryland workers comp benefits for the injured worker. First surgery was argued for and was awarded. Second, compensation was argued for and over 25,000 was awarded to the injured worker.

Cashiers Injured

Cashiers in any retail facility are vulnerable to develop carpal tunnel syndrome because of the repetitive use of their hands and wrists. Grocery store cashiers are especially vulnerable because the volume of products that are often purchased. A random clothing cashier may be required to ring up only a few items for every shopper while a grocery store cashier could be expected to ring up a thousand items a day. It is the repetitive nature that often leads to carpal tunnel syndrome.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

Hospital Employees covered under Workers Compensation in the state of Maryland

Almost all Hospital Employees are covered under Maryland Workers CompensationHospital staff- Doctors, nurses, CNA’s, custodial or janitorial, cleaners, kitchen workers, office staff, maintenance staff are all covered under workers comp. If these employees are unfortunate enough to sustain an injury on the job they should consider filing the required paperwork under Maryland law. Among these occupations injuries are more common in some than others. Injuries occur more often in those particular jobs that require heavy lifting, laborious tasks, increased interaction with combative patients, or extended time on their feet.

How Common are injuries among hospital employees?

The short answer is Very! When compared to the private industry as a whole, hospitals rate of injury are almost double. According to a 2011 publication by the Occupational Safety and Health Administration for every 100 employees, 6.8 are injured. These numbers are derived from the Bureau of Labor Statistics which means they are based on national statistics. As the OSHA study indicates, the most common injuries are over-exertions. Slips, trips and falls account for nearly 25% of hospital injuries. In Maryland, however the numbers do seem to fall in line with the national average. Topped by only police officers, the hospital industry had the second highest rate of injury at 4.7%. 2015 Maryland Claims statistics

Hospital Nurses and CNA’s are covered under Maryland’s workers compensation law

There are a great deal of CNA’s or nurses who are injured on the job. CNA’s arguably have one of the toughest and most physical jobs in the hospital. Often required to lift obese patients, transport heavy patients in wheel chairs and medical beds, and consistently lift throughout the day. For more reading on CNA’s go here. Similar to CNA’s nurse are also tasked with moving and transporting patients on a regular basis. In addition to these tasks, nurses also seem to spend considerable face to face time with patients. Combative patients may lead to sprains, strains, needle sticks, or exposure to bio-hazards. In addition the hazards to which nurses are regularly exposed, long shits often lead to fatigue and stress which contribute to rate of injury.

In a American Nurses Association. 2011 Health and Safety Survey Report it is noted that 8 out of 10 nurses report working frequently with musculo-skeletal pain.

Doctors are covered under Maryland workers’ compensation?

The question of whether doctors are covered under workers comp is a bit more complicated but for the most part they would enjoy these benefits. The complications arise when there is a contractual relationship which would declare the physician an independent contractor. Physicians with “privileges” may likely have an independent contractor status which would prevent them from collecting benefits under workers comp policies provided by the hospital. They likely would be able to enjoy workers comp benefits under other another policy.

ER physicians, and doctors that are regularly employed and working for the hospital would be covered under the hospitals work comp policy. A study of the rate of injury and willingness to file a workers comp claim by physicians would presumably yield low numbers, but would be interesting to analyze.

Hospital Janitors, Custodians, maintenance, and cleaners are all covered under Maryland Workmans’ Comp

Hospital janitors/custodians are almost always covered under workers comp. Common injuries include falls and especially slips on water puddles or waxed floors. When required to clean a large area of the hospital in a limited amount of time injuries are expected. For this reason hospital cleaners are often injured because of the time restraints of their job. Maintenance men sustain injuries similar to all hospital staff but because of the laborious nature of their occupation, the mechanism of injury is often quite different. Common injuries sustained by maintenance workers are similar to those of the hard labor trades.

Hospital kitchen workers sustain injuries that any restaurant or fast food worker may sustain such as burns, cuts, falls, strains and sprains. For further reading see Restaurant Workers. Other food service workers must not be forgotten as they often endure a very physical day of duties. For those food service workers delivering trays of food to hospital rooms often travel the length of the hospital multiple times a day. They are required to push racks of food that contain substantial weight while under pressure to deliver food timely and efficiently. Once lunch, breakfast, or dinner is delivered the same food service worker must then travel the same path to collect dirty dishes and trays. By the time one meal is served and cleaned up preparations for the next meal are beginning. The long laborious day of the food service worker can contribute to back injuries, foot and ankle sprains, knee problems, and more.

When picturing hospital staff most immediately think of the nurses and doctors. The office staff is likely overlooked or not expected to be injured. Administrative staff is covered under workers comp and likely experience occasional injuries on the job as well. Office personnel must navigate the hospital which often requires extensive walking and descending of stairs. Again, the second highest form of injury within hospitals are slips, trips, and falls. Fluid presence on hospital floors is not uncommon. For the administrative office staff they would be covered under Maryland workers comp if unfortunate enough to sustain an injury from a spilled substance. Administrative personnel would also enjoy coverage of other injuries ordinarily sustained in an office atmosphere.

Loggers and Lumberjacks have one of the most hazardous jobs that result in the highest rate of injury. Not only do loggers and lumberjack endure one of the riskiest occupations out there, but they sustain the highest rates of injury according to many sources. The risks to which they are exposed, the shear physical requirements of the job, and the demands of the occupation leave little room to argue that these guys can be characterized as tough, rough and motivated.

Because of the inherent risks of these jobs employees should ensure there is a workers compensation policy and they are covered under workers comp

Maryland workers compensation benefits are available for most on the job injuries sustained by lumberjacks, loggers, or tree workers. The benefits do not vary from most other occupations and include lost wage compensation referred to as temporary total disability (TTD), paid for medical treatment by the workers compensation insurer, job training and vocational rehabilitation if necessary, reimbursement of medically related expenses, mileage reimbursement, and a permanency award or settlement.

What risks and hazards are Loggers and Lumber jacks exposed to that lead to injuries on the job?

As with any hard labor job, lumber work involves tools and injuries result therefrom. The usual construction or maintenance tools are included, but tree climbers and lumberjacks also use high risk, specialized tools such as chainsaws, handsaws, climbing spikes, cork boots, harness’, lanyards, ropes, and heavy machinery. With any one of these tools or pieces of equipment the risks of injury are seemingly apparent and injury resulting therefrom would lead employees to be covered under workers comp.

Most notably, the injuries that arise from these tools often are substantial in nature and not injuries that can be brushed off or ignored. Improper or miscalculated use of a high powered chainsaw can lead to dismemberment and amputation. There are no minor cuts or sprains from a chainsaw! If a support harness or lanyard fails tree climbers may fall to a substantial impact. Any fall over a few feet is arguably going to lead to a significant sprain or strain and necessary time off from work. Heavy machinery is relatively safe for those who are operating the equipment. However, when these operators are faced with maneuvering the equipment around rough, uneven, and condensed landscaping the risks for the operator increase exponentially. This also means that those lumberjacks working around the heavy machinery are exposed to increased risk of injury.

Ropes and securing instruments are often used to guide the trees as they fall to the ground. In the event these ropes fail, or are inaccurately placed, the path of the tree may change dramatically. Those loggers in and around the path of descent may be hit, crushed, or killed.

The physical requirements of the lumberjack logger, or tree climber occupation lead to injuries on the job

These occupations require constant climbing over debris, up trees, and around difficult terrain. It is almost mandatory to be physically fit before starting the job. along with climbing around rough terrain, often these guys are required to carry heavy saws, pick up heavy logs and debris, and use maximum strength to get the job done.

Anytime a job requires this kind of constant physical activity then the risk of injury increases. Spinal strains and sprains often result from having to lift and carry heavy logs. Handling some of the power tools while standing on less than ideal surfaces often lead to sprains and strains to the shoulders and arms. The requirements to constantly navigate uneven terrain, and climb through debris will most likely result in some sort of ankle, knee, or leg sprain.

The Demands of the lumberjack, logger, or tree climber require increased needs for coverage under workers comp

Tee workers are often required to meet deadlines that are generated by contractual obligations. They may be required to provide a specific amount of lumber for any particular order. They may also be required to clear a particular area of all lumber so that builders may then begin their work. Because of regular deadlines lumberjacks, loggers, and tree climbers are often to required to work long and exhausting hours.

As fatigue sets in lumber workers, or all workers really, will often fail to exhibit the necessary caution and awareness that is ideal to prevent injury. With fatigue comes increased risk of injury. In the lumberjack, logger, and tree climbing occupations increased fatigue can mean devastating injury.

Pertinent Cases in which Mr. Rodabaugh helped get these workers covered under workers comp:

Tree trimming expert was carrying 80 to 100lb logs and loading them into the rear of a pickup truck. The worker attempted to lift a log well over 100lbs and herniated a disc in his neck. After weeks of therapy, multiple injections, and eventually a discectomy and laminectomy he was discharged from care. Mr. Rodabaugh recovered well over six figures for this employee.

Employee was using a chop saw to cut a piece of metal when he lost control of the saw. The saw then thrust backwards and hit the employee in the face and mouth.

Worker climbing a six foot ladder fell and landed awkwardly on both of his feet. The worker sustained compression fracture to his lower spinal cord. Mr. Rodabaugh assisted the injured worker in recovering over six figures.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

Maryland Certified Nursing Assistants hurt on the job are covered under workers comp if not an independent contractor

As a practicing workers compensation attorney in Baltimore I am regularly retained by certified nursing assistants (CNA’s) for injuries they have sustained on the job.

Benefits to which CNA’s are entitled to when covered under workers comp laws in Maryland

Like any other injured worker in Maryland CNA’s are entitled to lost wage payments while being held out of work by a physician. If the treating physician indicates that the nursing assistant is able to perform light duty then he or she is obligated to return to work in the capacity indicated. The workman’s comp adjusters commonly indicate to the injured worker that the injured worker must treat with one of the physicians on the adjusters list. This is not true. At this point it may be wise to consult a Maryland workers comp attorney. Under Maryland comp laws the employee may treat with any physician that accepts workers comp insurance. Absent a contractual agreement or laws indicating otherwise, an employer may require the injured worker to be seen at a facility of the employers choosing. Again, the employee does not have to go to the employers doctor however this MAY interfere with the employee/employer relationship.

The right to medical treatment could potentially last the lifetime of the CNA if the extent of the injury demands so. If the injury is a minor sprain then medical benefits will come to an end. If the accident leads to a life altering condition the CNA will enjoy lifetime medical treatment paid by the workers comp insurer.

An injured CNA is also entitled to a settlement or permanency money if they suffer with any permanent problems as a result of the accident. For this step to take place it is important to retain a Maryland workers compensation attorney to assist in ensuring the CNA is covered under workers comp

Common Injuries among medical staff that lead to workers comp claims

In my opinion the most common workplace injury seen among certified nursing assistants are back injuries. Often back injuries are sustained while tending to a patient. Cleaning bed ridden patients, applying bandages, adjusting covers, and manipulating body parts all require a great amount of force to be exerted by the nurse. Considering that many CNA’s are females with less upper body strength it is of no surprise than when having to repeatedly move patients weighing 100 lbs or more they are injured. Among CNA’s are people of all ages, some young and some more seasoned. Age does come into play when considering the vulnerability to injury and this is reflected among statistical data collected by the workers compensation commission. In fact, Maryland females ages 50-59 sustained the highest number of injuries in 2015.

In addition to spinal injuries I see a fair amount of CNA’s suffering from shoulder injuries. Again, these injuries are often associated with having to move patients that are bed ridden and usually lead to being covered under workers comp.

Common Incidents among medical staff

Moving and attempting to lift patients seems to be the most common mode of injury among CNA’s and medical staff however there are also some other re-occurring incidents that I see among clientele. Slipping, tripping, and falling is a fairly common mode of accident among medical staff. Often the cause being wet hospital floors or wiring from the machines in the patients room. Throughout their 8 or 12 hour shifts the medical staff must constantly enter rooms with wires and cords all over the place. Some rooms, depending on the severity of the patients condition, seem to look like cobwebs of wires. It is no surprise that staff is injured when they are walking through these rooms on a regular basis.

Hospice or home care medical staff are often injured in a similar manner. They often enter homes they are not familiar with, exposing them to hazards that are usually not considered. Consider the loose step entering the elder’s home, the threshold entering the patients bedroom, or the imbalanced furniture piece that may break or fall at anytime.

Precautions employers should be taking to prevent workers comp claims

Some seem more obvious then others but employers can take steps to alleviate risks to which medical staffers are commonly exposed. For the petite or older CNA, assistance with moving the bed ridden patient must be provided. A 150lb CNA should not be expected to roll over a 200 lb patient without help. Lose or long wiring and cords should be secured off of the floor of patients. Alleviate the tripping hazards. Hospital floors are susceptible to getting wet and when they do they can be extremely slippery. Requiring staff to wear particular shoes can alleviate the risk of slips.

Construction Workers injured at work are often covered under workers comp laws in Maryland

One of the more hazardous occupations is that of a construction worker. This could include pipe fitters, plumbers, electricians, hvac mechanics, carpenters, roofers, painters, you name it. Prior to practicing law I was employed as a commercial refrigeration pipe fitter for the better part of a decade. Like most in the construction industry I was constantly getting hurt, albeit minor injuries mostly. Anyone entering the job site would sense the inherent dangers all around. I say sense because you can hear the screaming circular saws, and hammer drills, smell the burning torch flames and busted concrete, see the 20 ft extension ladders and extended scissor lifts, and hear the angry foreman rushing his workers.

Why do so many accidents occur within the construction industry

Day in and day out construction workers are exposed to the elements and regularly injured. Their days consist of fully physical work for at least 8 hours a day. Carrying heavy tools and materials, lifting constantly, and placing themselves in awkward positions so they can secure that last bolt. The brutal occupation almost demands the eventual injury for each worker and unfortunately the occasional devastating work injury.

The reasons for injury’s are many but there are a number of explanation that I can offer from personal experience in commercial construction as well as representing clients in their workers compensation cases.

Tools

As stated, the job is inherently dangerous requiring the use of power tools. For many workers, such ascarpenters/ stud hangers, the use of the tools are very repetitive. What this means for many is they become to comfortable and let their guard down resulting in injury. Also, using a chop saw to cut studs a hundred times a day will expose the worker to the risk 100 times a day. As a beginning pipe fitter I was very concerned that the oxy/acetalene rig would burn my hands or arms. I was slow and careful. As my experience increased my caution decreased. Productivity increased, quality increased, burn rate increased.

Equipment

Much construction work is done in elevation. This requires the use of ladders, scissor lifts, and pettit booms. On a regular occasion some construction worker on the site trips and falls to the ground. For the most part these falls are harmless. When the work requires the employee to climb an extension ladder, or use a scissor lift falls become more serious. Not only does the risk of injury on the job increase, but often necessary increase in caution is not taken.

Productivity is chosen over safety all the time

Imagine being 25 feet in the air on a scissor lift. You are just two inches from reaching the bolt that needs to be tightened but just can’t get to it. The choices: 1. lower the scissor lift 25 feet down just to move it forward a couple inches and then have to lift it 25 feet again, 2. keep the scissor lift all the way elevated and drive it forward, 3. climb the railing of the scissor lift and hang one leg over the edge so to have the extra inch or two to stretch. In the construction industry all too often workers make scenario 3. like decisions. With this decisions comes the increase in work place injuries all for increased productivity.

Age

Any construction site has workers of various ages from 18 to 65 plus. For many workers this is the only field they know and have been in construction their whole lives. For those that are older, the risk of injury is increased. They do not have the bone strength, muscle mass, or ligament strength they had when first starting in the occupation. The older employees have to push themselves harder to keep up with the younger employees, and for the most part do. But sometimes these workers push to hard and end up paying for it. Whether it be a shoulder sprain or a herniated disc what they once could do they now struggle with.

Some of the more common accidents I personally have been involved in:

While I was working construction- brain damage after falling 14 feet off a walk in cooler, 3rd degree burns on the hand after mis-handling a torch, herniated disc after lifting a cement oxygen bottle, carpal tunnel from using pipe cutters, fractured fingers after a storage container was dropped on it, injured mid back from carrying pipe bundles, lung damage after breathing in toxic fumes.

Working as a Maryland Workers Compensation Attorney- fractured vertebrae after falling from a ladder, torn rotator cuff from ratchet strapping a load on a truck, brain damage after falling through two story residential build, torn acl from kneeling down on a tool, fractured foot after drywall stack fell over, herniated spinal disc after picking up cast iron pipe, multiple spinal fractures after a 40 foot fall from a roof, torn shoulder ligament when carrying a door frame, facial mutilation from concrete saw, broken leg when hit by a forklift. Amputated toes from frost bite.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to emailor just fill out the form below and Mr. Rodabaugh will contact you!

Injuries among assembly/production line workers, warehouse workers, delivery drivers are common in Maryland.These injuries likely vary in severity and mechanism depending on the particular occupation and the particular products that are being handled. There are precautions that workers should take to avoid injuries on the job and the potential of being covered under workers comp. Some of the precautions may seem simply not practical until the industry standards and protocols change.

As previously mentioned the types of injuries vary depending on the circumstances of the employment. As a Maryland workers compensation attorney I often come across assembly line injuries that occur when the employee is injured in a fast pace setting around machinery and moving parts. These conditions make employees particularly susceptible to being hurt at work. One notable case that I handled was the injured worker who had his hand and arm nearly amputated when it was caught in a conveyor belt leading to a chopping mechanism. Because it was a workers comp injury he was able to get immediate medical attention which helped with recover. It was the prime example of an employee under pressure to get the job done as soon as possible. Another employee I represented was working on an assembly line conveyor when she had to quickly move to another location on the line and slipped on some spilled product that was on the ground.

Along with assembly line workers, machine shop workers are often injured on the job due to the risks associated with the machines on which they work. For these workers, the work often becomes so repetitive that it becomes second nature to do their job. As the worker becomes comfortable he or she often throws caution to the wind ultimately leading to being covered under workers comp for an injury. One example is when an injured worker left his hand in the steel press and ended up losing multiple fingers when the press slammed down on his hand. There was a safety cover on the press to avoid such an accident however the cover was removed to increase productivity. The case was settled for over $100,000 despite the defense arguing willful misconduct. Another example is the glass burning worker who sustained third degree burns when he grabbed a glass bulb burning at 2,500 degrees.

As online purchasing increases the demands on order fulfillment employees increase. As the holidays approach these employees are often obligated to work at a faster pace and handling more products on any given day. For those who work in fulfillment centers with varying products, it may be required they lift and carry heavier products more frequently. I represented an appliance distribution employee that sustained a back injury when he was required to lift five times his normal product count around the holiday season. Another example is the employee who was working for a retail distribution center and sustained knee and low back injuries when he was rushing from one end of the warehouse to the other and slipped on some water.

How can assembly line workers, warehouse employees, and material handlers avoid injury and a workers compensation claim

There are ways to avoid injuries while working in the material handling industry however it would take a joint effort on both the employer and employees part. Efforts of which often fall short.

In the faster paced environment the solution is to slow the demand down by hiring additional employees. This would require the employers expenses to increase so it is often not an option. It is notable that many retailers do hire seasonal employees to help meet demand around holiday season. Perhaps a more practical and likely solution is to spread the demand equally among employees rather than the expectations remain high among those employees better motivated or more invested.

It is undisputed among accident insurer’s that regular safety meetings take place to address potential safety concerns and provide employees advice on how to avoid injuries, and those covered under workers comp. Unfortunately it seems as though “regular meetings” vary depending on the employer. Workers need to be informed of the imminent but disguised hazards around them on a regular basis.

There are certain tasks that should require two employees but it is not mandated by the employer. An employee may feel obligated to perform the task on his own and ultimately, and of no surprise, injury is sustained. Take for example the appliance distribution center employee. He injured his low back when attempted to lift a refrigerator by himself. Had it been a mandatory two person job he would not have sustained the massive disc herniation that he did.

Restaurant Workers Injured at Work in Maryland are covered under workers comp almost always!

Given the fast pace environment and often hectic atmosphere it is no surprise when I hear that a restaurant worker was injured at work. An observation of any Baltimore Cheesecake Factory, Outback Steakhouse, Applebees, or or TGIFridays on a Friday or Saturday night will prove Restaurant workers do indeed face certain risks of injury while working. While injuries vary in degree and frequency, bus boys, dish washers, cooks, line chef’s and servers all face some risk of injury.

Cooks/Chefs injured while working in Baltimore Restaurants

Cooks and Chefs are exposed to multiple dangers while working in the kitchen. The demands of the hungry patron coupled with the encouragement of the servers puts Chefs and Cooks under an enormous amount of pressure to get the food prepared quickly. The heat and flames from the oven, grill, stove, and fryers often lead to burns. On more severe instances the burns can lead to disfigurement and scarring or even nerve damage. Maryland workers comp laws provide the right to compensation for the injured chef and cook.

Other common injuries sustained by Cooks/Chefs are lacerations, cuts, and amputations and sprains. Presumably they sustain minor cuts on a regular basis, however there certainly is the chance of cutting off a finger, or severing nerves. Constant lifting of frozen products which are often packaged in bulk can lead to hernia, back, shoulder, neck, and arm injuries. Repeated use of cooking utensils such as a knife can lead to carpal tunnel syndrome or cubital tunnel syndrome.

Servers injured while working on the job in Baltimore Restaurants

Servers and waitress’ are also vulnerable to injury on the job while working for Restaurants in the Baltimore and DC metropolitan area. Quality restaurants and chain restaurants tend to be fast paced as a result of the high volume of patrons and their demands. To keep customers satisfied servers and waitresses will often rush around the restaurant carrying trays of food, beverages, hot meals, and breakable glass.

Attorney Andrew M. Rodabaugh has experience representing injured waiters and waitresses and knows first hand of the risks inherent in their job. One such case involved a waiter who fell carrying a tray of food. He ended up severing his finger from a piece of broken glass. The loss of a finger can be devastating for an employee however this particular injured worker was reluctant to pity himself. He was lucky because his head was only a few inches from going through a glass door. He was covered under workers comp and after some surgeries and time off of work returned to full duty employment. He received workers comp payments while out of work.

Waitress’ and Waiters often slip on spilled food or drinks, burn themselves on hot dishes, and collide with each other when turning corners. While most of these incidents could be prevented unfortunately injuries continue to occur while working in the Restaurant industry.

Bus Boys and Dish Washers injured while working in Baltimore Restaurants

It seems less often than servers and food preparation workers, but bus boys and dish washers do occasionally get hurt on the job as well. They are susceptible to the same risks with the occupation such as slip and falls on spilled good or beverage, burns, and lacerations. Again, handling glass wear or cutlery in a fast paced environment can lead to injury.

What can Maryland Restaurant workers and employers do to prevent injuries covered under workers comp ?

To prevent collisions when turning corners have a mandatory warning call anyone approaching the corner must call out. Blind spot mirrors can also do the trick.

Have adequate first aid supplies available at all times.

Have numerous wet floor signs stationed throughout the restaurant.

Designate a staff member responsible for cleaning up spills.

Provide adequate protective gear for those exposes to certain hazards such as industrial strength oven mittens, gloves for dishwashers and bus boys.

Mandatory two person jobs such as carrying food trays that weight over x pounds.

To the extent possible slow the working pace.

Roofers are likely covered under workers comp

Maryland roofers sustain injuries on the job and are more often than not covered under workers comp benefits. Being a roofer is a hazardous occupation that can lead to many forms of injuries including those associated with falls. Not withstanding the common injuries resulting from falls, roofers are also susceptible to other mechanisms of injury that can be serious. The use of power tools, exposure to building materials, and exposure to the weather all lead to injuries among roofers.

Maryland Workers Compensation benefits Available for Roofers who are hurt on the job

The benefits include lost wages while unable to work, paid for medical treatment, compensation for remaining issues after treatment concludes, job training if unable to return to same occupation as a result of the injury, and other expenses paid if they relate to the case.

Roofers Injured from Falls

Falls account for a great portion of the injuries sustained by roofers and in fact, nationwide 75 fatalities occurred in 2015. While it is not clear by the statistics if all of these deaths were a result of a fall, a fair assumption can be made that they were. National Census of Fatal Occupational Injuries in 2015. Falls from ladders, skylights, off the side of a building or residence all occur on a regular basis. The requirement to be elevated is in an of itself the hazardous condition. Unfortunately there is no way to alleviate this risk, so workers and employers must try to limit the possibility of injury.

Preventing or mitigating the chances a Roofer is injured by a fall and avoiding an injury covered under workers comp

Have those employees that are expected to be working on an elevated roof been properly trained to use safety equipment? Have they been properly trained to recognize safety hazards?

Are harnesses and safety ropes available for use by the workers? If so are the harness’s mandatory or optional?

Are ladders and extension ladders required to be secured to the top of the structure before any other employee uses the ladder?

Are skylights and openings required to be marked conspicuously and/or covered to prevent any falls through the holes?

Is there an emergency response plan set up in the event a roofer does sustain a fall?

Roofers are also exposed to many of the occupational risks to which other construction and labor employees are exposed

Similar to Construction workers, Roofers sustained injuries related to the use of tools, equipment, and even age related injuries. Those workers who have dedicated their lives to an industry often endure a physical toll over the years and as the body ages the vulnerabilities to injury seem to increase.

While some construction workers are exposed to the weather elements regularly, the roofer is required to be directly in the elements day in and day out. On windy days, icy days, and rainy days they may be on a roof 40 feet or higher. When a ceiling or roof begins to leak from the snow that is melting, the roofers are called in to repair that leak. When rain is poring into the local grocery store it is the roofer that comes out and repairs the leak.

Roofing Injury cases Mr. Rodabaugh has handled include but are not limited to:

Falls from the roof resulting in spinal fractures and herniation,

Cervical herniation when attempting to lift himself through roof hatch,

A fall from a 14 foot Refrigeration cooler resulting in brain surgery

Roofing tile sliding off of a roof and injuring a workers shoulder.

You can speak with Baltimore workers compensation lawyer Andrew M. Rodabaugh for a FREE consultationCall , Click to email or just fill out the form below and Mr. Rodabaugh will contact you!

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WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore workers compensation lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Compensation law for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore workers compensation lawyer , or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

Baltimore Car Accident Settlement and how the value is determined

Andrew M. Rodabaugh

For a no cost consultation with Baltimore Car Accident Lawyer and Baltimore auto accident attorney call Andrew M. Rodabaugh todayClick here to Call Us, Click to emailor simply fill out the form at the bottom of this page!

What affects Baltimore Car Accident Settlements?

Each and every car accident settlement is different in Maryland. This is because each and every car accident case has varying facts that may play a part in changing the value of a case to a great degree in some circumstances, or in other circumstances to a minor degree. Facts such as the people involved, the evidence available, explanation of the accident, degree of negligence, and jurisdiction can all affect a Baltimore car accident settlement.

The people involved in an auto collision case can have a fairly substantial impact on the value of the Baltimore car accident settlement .

When dealing with any legal case what must be considered are the individuals that are directly involved in the case. This can go outside of the personal injury arena into other areas of law as well. It is the unfortunate truth that people judge based on demeanor, looks, and overall presence. When a jury of peers is involved in a trial the parties in the lawsuit must cater to what they believe the jury wants to see and hear in order to obtain a favorable verdict.

A Baltimore car accident settlement value can be impacted substantially depending on who the defendant or the person being sued is. A defendant of a particular race or religion may be put at an automatic disadvantage depending on the particular area the incident occurred. This is not only because a jury will be selected based on the location of the accident, but when negotiations are taking place between the defendant and the plaintiff, the defendant will most certainly leverage the potential jury pool while negotiating. What this means is that, for terms of a car accident settlement, the value may be decreased greatly just because there is the possibility of a jury being selected mostly of a different religion than the plaintiff- with a different set of core religious beliefs.

Setting aside appearances or religion, how the parties will testify, their demeanor, and presence will play an intricate part in the value of any Baltimore car accident settlement. If the defendant is a very likable person, who has a fair amount of charisma and charm, with good social skills, than she may have a fair chance at coming across as more believable and likeable than the plaintiff. If liability is questionable in the case than the defendants “likability” and veracity is essential to the defenses case. If liability is already established and the defendant is deemed negligent the likeability could still play a big part in car accident settlement value. People are more influenced by someone they like and if it is expected that the defendant will be able to draw the jury into liking him than the insurance adjuster will likely offer less in settlement negotiations.

Car accident settlement value can be impacted substantially by the plaintiff’s character traits and personality. Does the plaintiff come across as someone that is sue happy or a serial lawsuit filer? Does the plaintiff seem to be taking advantage of the system to get a pay day, or are they genuinely injured and seeking retribution? Is the plaintiff someone who will come across as believable when they testify. Attorneys with experience are able to learn which plaintiffs will come across as trustworthy when testifying or whether they will be viewed with a skeptical eye from the jury. When assessing the car accident settlement value the likeability of the plaintiff and the defendant can play a huge part in negotiating. Ultimately, if a car accident case is settled it is because the risks associated with a jury or judge trial outweigh the benefit of settling the claim. Having an unlikable plaintiff and a defendant that will be likeable can make settling the best option.

It is not necessarily just the demeanor of the plaintiff or the defendant that will matter when determining car accident settlement value. Sometimes there is a relationship between the parties. In that scenario there will be a lasting impression on most jurors. It is surprising to most that one family member might sue another family member. The mere thought of it may lead to immediate distaste for some, however further explanation can help most completely understand the situation and even cause them to view the case in a different light. The scenario: a family member makes a horrible mistake while driving the family car full of other family members. The accident resulted in some serious injuries among the other family members. Serious enough that the cost for medical treatment would leave the entire family in bankruptcy and homeless because they simply did not have the money to pay for medical treatment. Luckily, the member driving the car had auto insurance and because of this the injured could file a claim or suit against the family member and recover money to pay for life saving medical treatment. In a great majority of these cases the family member is more than happy to be sued by their other family members because it will help with the medical bills and could potentially prevent catastrophic financial debt. A case involving one family member suing another family member will have the potential for a reduced car accident settlement value.

Under the Maryland rules of evidence insurance must not be discussed at trial. This means that any actual lawsuit filed against a family member would look just like one family member viciously and greedily suing their beloved family member who had a lapse of judgment. Thus leaving a horrible impression on the members of any jury.

Does the insurance adjuster control the car accident settlement value?

The ultimate decision maker in a car accident settlement is the adjuster. If the goal is to settle and not go to a trial than ultimately the plaintiff is left to the mercy of what the adjuster finds is a reasonable car accident settlement amount. These amounts will vary dramatically among each adjuster and each automobile insurance carrier. It is not advised to just take what the adjuster offers and cases should always be handled with the intention of going to trial!

The attorneys involved in the settlement negotiations

The attorneys involved in the case will also play a role in the car accident settlement value. An overall good Baltimore car accident lawyer that meets the needs of the victim and is willing to fight when necessary is ideal. The aggression should also be mirrored by a sense of reasonableness so that in the end a good car accident settlement offer is not turned down in light of zealous representation. When and if a lawsuit is filed the defense attorney will also have some impact on any car accident settlement. He or she may be able to influence what offer the adjuster made previously. He or she may also be a bit more conducive to settlement negotiations. Once a lawsuit is filed by the accident lawyer there will be an influx of evidence which will enter the case. This may reduce or increase the Baltimore car accident settlement value.

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

The available evidence will also play a role in evaluating a car accident settlement

Pictures are one of the most provocative and influential forms of evidence that lead to increased settlement. People are generally more responsive to pictures rather than relying on their own imagination because actual pictures are accurate depictions. If there is a large amount of damage to an automobile than pictures of the damage can help to “shock” the conscience of the viewer and lead them to provide a higher verdict or jury award. Pictures of the automobile will help tremendously when it comes time to negotiate settlement. Pictures of physical injury are even more influential. If there is bruising, x-rays of fractured bones, surgery pictures, or pictures revealing the pain a person was enduring then car accident settlement value could be increased dramatically.

While pictures can be helpful forms of evidence there are a number of other evidence types that may affect the value of a car accident settlement. Once the case goes to litigation, ie an actual lawsuit is filed with the court and discovery of evidence begins. Numerous documents and lots of information is revealed between the plaintiff and defendant. Included in these documents can be the parties criminal or traffic violation history, information regarding prior auto accident cases, prior settlements obtained, even personal documents that may reveal negative character traits. Among these documents may be some damning information that could dramatically increase or decrease Baltimore car accident settlement value. For instance: Consider the defendant being sued for negligence revealing he has numerous prior DWI convictions; alternatively consider the plaintiff that has filed an auto accident lawsuit every year for the last 10 years.

For a no cost consultation with Baltimore Car Accident Lawyer and Baltimore auto accident attorney call Andrew M. Rodabaugh todayClick here to Call Us, Click to emailor simply fill out the form at the bottom of this page!

The facts could affect the car accident settlement value

Great litigators, trial attorneys, know how to make a generally boring car accident case into a drama filled event that impacted the lives of the victims greatly. Unfortunately this is something that can simply not happen in every case although a qualified attorney will certainly do what he can to make the facts of the case more appealing.

Imagine the typical rear end collision case. Plaintiff was sitting at a stop sign when defendant negligently failed to apply his breaks and come to a stop. Defendant collided with the plaintiff. Plaintiff received medical treatment for about 8 weeks and was discharged from care. This description will not likely lead to increased car accident settlement value.

OR

30 year old, Tracy, mother of two toddlers, Timmy & Sarah, was driving to pick her kids up from school on a sunny Thursday afternoon. She approached and stopped at the intersection of Main street and Clover Rd. An intersection she traveled through daily. As she normally would, she slowed and came to a complete stop at the stop sign. As she waited on traffic to clear she began thinking about what she would prepare for dinner, spaghetti and meatballs perhaps. Then, out of no where a black Ford Taurus plowed into the trunk of her car traveling at approximately 20 mph. Tracy’s head and neck thrust forward as the steering wheel air bag deployed directly into her face. The little Honda Civic she was driving was thrown into the intersection and eventually came to a stop. She had burns on her face from the airbag dust, her neck was in agonizing pain, and back was so stiff she had difficulty picking up her children as she so often use to do. After 8 weeks of intensive physical therapy she returned almost to her normal pre accident self. Unfortunately to this day she still has difficulty playing with her toddlers because of the pain.

Car accident settlement analysis should at some point consider the degree of negligence by the defendant

Why is degree of negligence by the defendant important in determining car accident settlement value? For a number of reasons including both technicalities under the law but also impact on the jury. To cover the most important technicality in Maryland- contributory negligence. If the defendant is not 100% at fault, and the plaintiff is even .000001% at fault then car accident settlement value is severely reduced. This is because Maryland is one of a few states that recognize the legal doctrine of contributory negligence. The doctrine finds that if the plaintiff was even in the slightest bit at fault, or negligent in their own actions, than their is not liability on the defendant’s part.

Looking at the defendant’s negligence in a more abstract manner can help an attorney evaluate the settlement value of the particular car accident. “Simple negligence” can be explained as the defendant making a mistake that the ordinary person in the same situation would have avoided by exercising due caution. “Gross negligence” involves an elevated level of negligence which can be liken to the drunk driver causing an accident. These cases often have increased settlement value. Beyond gross negligence is negligence that can be liken to an intentional act. One that the defendant intended to do but did not prepare for the consequences. Perhaps in the circumstance of the drunk driver but add an additional level of misconduct intentionally geared towards the victim. Gross negligence or intentional acts by the person bringing the lawsuit will likely lead to minimal if any car accident settlement value.

Something as simply as the proper court could have a great impact on settlement value

This is something that personal injury attorneys struggle with daily. The exact same accident with the exact same people, property damage, and injuries can have great disparity in car accident settlement value simply because the accidents happen in two different jurisdictions! Auto accident cases in Prince Georges county tend to have a higher settlement value than those that occur in Frederick County. This is in part because of the potential jury pools in these areas. Conservative jurisdictions are much more likely to return a conservative verdict or judgment.

Take the movie, My Cousin Vinny for example. While it is based on criminal law and does not involve an auto mobile accident or settlement it is a great depiction of how jury selection in any given jurisdiction can mean devastation for any court case. The wrongly accused defendants were before a jury pull in Alabama. In an area dominated by rural life, livestock, farmers, and good ole’ country boys. The general consensus was that the outsiders (city slickers) who were being charged with murder need to be put in the electric chair. The minds of the jurors were almost completely made up prior to the start of trial.

The same situation can occur in some jurisdictions involving car accident claims. Jurisdiction of the court can mean the difference of thousands of dollars. In the more severe car accident cases it could mean the difference of hundreds of thousands of dollars in car accident settlement value.

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

Name:

Email:

Phone:

Subject:

Your Message:

In the box below type- help

WEBSITE DISCLAIMER THIS PAGE IS ADVERTISEMENT MATERIAL
Baltimore car accident lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Comp attorney for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore car accident lawyer, or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

We are pleased to communicate with you concerning legal matters. However if you communicate with us through this website regarding a matter for which our firm does not already represent you, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship. Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement. By continuing on to our website you are deemed to have agreed to these terms and conditions.

]]>BEST BALTIMORE CAR ACCIDENT LAWYER? Lets discusshttp://workinjurymaryland.com/best-baltimore-car-accident-lawyer/
Fri, 05 Jan 2018 21:53:15 +0000http://workinjurymaryland.com/?p=1004Do you want to know how to find the best Baltimore car accident lawyer ? First realize there is no ” best Baltimore car accident lawyer .” Each lawyer has skills, qualities, and characteristics that may or may not stand out to clients. The best Baltimore car accident lawyer is one that meets the particular […]

Do you want to know how to find the best Baltimore car accident lawyer ?

First realize there is no ” best Baltimore car accident lawyer .” Each lawyer has skills, qualities, and characteristics that may or may not stand out to clients. The best Baltimore car accident lawyer is one that meets the particular needs of the particular client.

For a no cost consultation with Baltimore Car Accident Lawyer and Baltimore auto accident attorney call Andrew M. Rodabaugh todayClick here to Call Us, Click to emailor simply fill out the form at the bottom of this page!

How to select YOUR best Baltimore car accident lawyer

Think about what your goals are- There are many qualified car accident lawyers in Maryland that can provide you with quick settlement money provided from the insurance company. If obtaining quick money from a car accident is the main goal then perhaps the best Baltimore car accident lawyer for you is going to be quite easy to find. The problem with this goal is that quick settlements often leave many issues to arise in the future. It is not uncommon for unknown hospital bills to show up after the quick settlement money has been obtained and spent. The injury victim will then feel short changed and in need of more money. In some circumstances the need for the quick settlement money is justified and in the interest of the victim. In this scenario the best Baltimore car accident lawyer should be able to pursue accordingly.

What qualities do you want in your attorney- Some people consider the ” best Baltimore car accident lawyer ” analogous to the ” most aggressive Baltimore car accident lawyer .” This is not necessarily a wrong assumption. To be aggressive means the lawyer will stand up for the injury victim and fight for their rights. However, there are times where aggression is not necessarily an indicator of success, nor the attorney’s skills or quality of work. Many attorney’s know how to raise their voices, use aggressive tactics, and present argument in a manner indicating force and might. The issue with this tactic is if the aggression only magnifies their lack of knowledge of the law. The best Baltimore car accident lawyer should know that aggression is important but should also know that at times sincerity can obtain the same benefits with less counter aggression from the other side.

Think about the cost of the attorney- While it is customary for Maryland attorneys to charge 33 1/3% to 40% contingency fee in car accident cases some attorneys are willing to provide services at a deep discount. Ultimately this could be appealing to the victim because it means they will recover more percent of money to themselves. However, this could also mean a reduction in effort. The old adage speaks volumes- “you get what you pay for.” The best Baltimore car accident lawyer may be willing to reduce his fee in certain circumstances, however regularly practicing on a constantly reduced fee may indicate there is a reduced value to legal services being rendered.

Meet with the attorney and discuss the case- An in person meeting will allow the attorney and the victim a chance to get to know each other and better understand what exactly is needed, wanted, and expected by the injury victim. Consultations with lawyers in these cases are free so the injured victim should take advantage of free legal advice. Meeting with multiple attorney’s before choosing one for representation is a good idea as well as it will help the victim find their best Baltimore car accident lawyer .

General Practitioner versus focused car accident lawyer- There are many attorneys to choose from when pursuing an auto accident claim but there are fewer qualified and experienced ” best car accident lawyers .” Some attorneys may practice in many areas of law handling only a limited amount of cases in each area of law, while other attorneys may focus their work in select fields of law. Focusing in only one or two areas of law allow an attorney to fine tune their skills in that area of law and continue educating themselves as the law changes and evolves. Otherwise stated, an attorney with 100 cases, 10 of which are auto accident claims may not be as skilled and experienced as an attorney handling 100 cases 90 of which are auto accident cases. When considering who is the best Baltimore car accident lawyer it is best to ask what percentage of cases are auto accident related.

Experience vs. Eagerness- Often times an older attorney is looked at as having more skill and expertise than those younger than he or she. This is sometimes true but not always the case. Using #5 as an example, if the older attorney only handles a small portion of auto accident claims then he may very well not be as qualified as a younger lawyer. Also, experienced older attorneys may not always have the zeal and eagerness to maximize justice and compensation. Finding the best Baltimore car accident lawyer means finding an attorney that wants to represent their client with enthusiasm and seek out justice.

Mr. Rodabaugh was a professional and courteous attorney who had my best interest in mind when handling my case. I would highly recommend him to anyone in need of Workers Comp. Counsel.

5 starts!

David B.

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.

Five Stars

L.F.Technician

Mr. Rodabaugh is a valuable asset to his community. His continuing dedication to the law and his clients is admirable.

Adam SPersonal Injury Attorney

My experience with the law firm of Cohen and Dwin was very professional. Mr Rodabaugh was very kind and easy to talk to in a very professional manner. The receptionists were helpful in guiding me through the procedures. I would definitely recommend Mr Rodabaugh in the future.

David B.CosmotologistBaltimore

Mr. Rodabaugh exemplifies the best in our profession. he is a caring, dedicated, highly regarded, and widely respected attorney. With Andrew as your advocate you are in excellent hands. I endorse this lawyer.

Jeff GPersonal Injury Attorney

I endorse this lawyer. Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.

Francis YWrongful Death Attorney

I endorse Mr. Rodabaugh. He is a true asset to our legal community. Very helpful on Avvo and a great e [sic] in the field.

Mark C.Immigration Attorney

Is the most compassionate attorney the best Baltimore car accident lawyer ?

It is certainly important for the representing attorney to have some compassion for the injury victim they represent. The compassion helps motivate one to fight for the benefits to which the victim is entitled, but also ensures a level of zeal will be presented on the victims behalf when needed. While compassion alone does not guarantee the best Baltimore car accident lawyer title, it is a necessary quality for one who seeks justice.

Compassion is a necessary quality trait for an attorney but it should be accompanied by empathy. The compassionate attorney can feel strongly about something, fight hard, and recover fair and just benefits for the injury victim. In most cases that compensation is adequate and fair under the law. However, in some cases that fair compensation may simply not be enough for the injury victim. This is where an attorney with empathy can understand and argue for additional benefits because the victim deserves above and beyond what may be considered fair compensation. The ” best Baltimore car accident lawyer ” will have both compassion and empathy for their clients!

The best Baltimore car accident lawyer is the lawyer that will get me the most settlement money, correct?

Wrong! The most settlement money is important, very important, however it is also important that as many if not all liens and claims to that settlement money are taken care of before settlement money is distributed. If the attorney claims to be the best Baltimore car accident lawyer then he or she must ensure that all or as many as possible medicare, medicaid, health insurance, workers comp insurance liens are closed and secured before settlement money is distributed to the victim. If lien holders that are entitled to reimbursement are not reimbursed before settlement money is distributed then the victim may end up owing reimbursement after they obtain their settlement money.

Below is two scenarios which demonstrate how a smaller settlement check can mean a better settlement!

Scenario A:20 year old victim was t-boned by a tractor trailer the operator of which failed to stop at a stop sign. The truck driver admitted he was at fault and the injury victim was treated for extensive injuries included a spinal fracture. Medical care was paid for by medicaid. Victim did not obtain the best Baltimore car accident lawyer but one that promised a quick settlement. The case was quickly settled and the victim received a check for $100,000.

One month after the settlement check was received medicaid contacted the victim and advised that she owed them $120,000 for medical bills they paid. Not only must the entire check be given to them, but the victim must come up with an addition $20,000.

Scenario B: Same accident- 20 year old victim was t-boned by a tractor trailer the operator of which failed to stop at a stop sign. The truck driver admitted he was at fault and the injury victim was treated for extensive injuries included a spinal fracture. Medical care was paid for by medicaid.

Victim in Scenario B retained a good attorney. She later considered her attorney the best auto accident attorney in Baltimore. The attorney contacted medicaid before distributed settlement money and was able to negotiate with them to reduce their $120,000 lien to $40,000. This $40,000 was taken out of the settlement and paid. The victim was given a $60,000 check and all medical bills and liens were taken care of. In the end Victim B received a smaller settlement check, but was able to keep the money!

Some qualities that may be important when selecting your best Baltimore car accident lawyer :

Do they educate clients- While most of this blog post is about finding the best Baltimore car accident lawyer it is also worth considering what makes the best client for the attorney- one that is educated about the process and realities of each case. If an attorney explains to his client what to expect regarding settlement, the personal injury process, and the realities of the case the client can make educated decisions throughout the case. This leads to better results and a satisfying attorney/client relationship.

The client that just takes the attorney’s recommendation may in the end begin to question the results. One trait that an injury victim should look for in an attorney is the willingness to explain

Contact and communication- It is important that a client is able to get in contact with their attorney should they have any questions or concerns regarding their case, but especially when emergencies arise. While many attorneys have little availability because of court appearances and meeting with clients there are proper safe guards that can be used to keep communication open. Consider asking the attorney during the first meeting if support staff is available for common questions and assistance with issues that may arise. In addition to support staff, is there an office process in place that allows the client to schedule an appointment with the attorney should the need arise? The ” best Baltimore car accident lawyer ” will have support staff and appointment slots available for clients needs.

Knowledge of the subject matter- Perhaps the most important quality in any legal matter is having the requisite knowledge to represent the client adequately. While auto accident cases are not the most complex of legal matters an attorney must still have a significant amount of practice and experience in order to properly represent, and especially to be considered the best Baltimore car accident lawyer . Like any area of law auto accident law does contain numerous nuances and intricacies that demand a certain level competency on the attorney’s part if the case is to be handled properly.

When discussing an auto collision case with an attorney they should have at least basic knowledge regarding medical liens-knowing which liens are legitimate and which are not mandated by law, UIM coverage, PIP coverage, insurance stacking, and offsets.

Basic knowledge of other legal subject matter- Yes, having the best car accident lawyer may require them to have some basic knowledge in other areas of the law. For instance, knowledge of bankruptcy law may be needed to determine if the proceeds from settlement are subject to bankruptcy procedures, or knowledge of tax law may be needed to determine what portion of settlement, if any, is subject to taxes.

Extensive knowledge of other areas of law are often helpful- Car accident cases largely revolve around knowing insurance law, litigation law, but often workers compensation law also comes into play.

The best Baltimore car accident lawyer should have knowledge about workers compensation law as well

Below is information regarding workers compensation and how it may come into play when an auto accident occurs.

Whether or not a car accident will lead to Maryland workers compensation benefits is a complicated question that is best answered by a qualified Workers Compensation attorney only after an in person interview is conducted. Many factors should be considered including terms of employment, location of accident, and circumstances of the accident.

If an employee is paid by their employer to travel then the accident may be covered under workers compensation. Ordinarily this could mean being paid mileage, being reimbursed for parking, reimbursement for tolls, and or payment of parking fees. While reimbursement of travel expenses are not conclusive as to the validity of a Maryland workers compensation case they can be useful when arguing the case should be covered.

When a company car is provided to an employee there is a strong argument that the auto accident should be covered under workers comp. By providing a company car the employer is recognizing that the use of the car is necessary for the employee to carry out their job duties. If the employee is leaving their house and going to work then the case can be quite strong and may lead to substantial workers compensation benefits under law. If however, the employee is using the car for strictly personal use the argument for benefits weakens. There are plenty of cases that have been deemed compensable by the workers compensation commission that involve a person using a company car for personal use. In fact, police who use the patrol cruiser off hours are often awarded Maryland workers compensation benefits.

While the employee being on the clock or “punched in” is not a deciding factor it is a strong indication that the employee is entitled to the compensation benefits provided by Maryland law. If the employee was on the clock then he was working. The defense would have a burden to argue otherwise.

If an employee is working while using their car then they are likely entitled to workers comp benefits. Unfortunately determining if the employee is “working” can be more difficult then one may think. There are cases that clearly indicate the employee was working. For instance:

a truck driver involved in a accident while on I95;

a home care nurse traveling from one house to another, or

a trade mechanic such as a HVAC or plumber traveling from one call to another.

The location of the auto accident may shed some light on whether a Maryland workers compensation claim should be filed.

For an auto accident to lead to Maryland workers compensation benefits the location matters. If the accident does not occur in Maryland, and the employer or the employee have NO ties to Maryland then the case will not be covered. If however the employer is based in Maryland but the accident occurred in another state then the auto accident may lead to a valid workers comp case. Also, if the employee lives in Maryland, works in Maryland, and was injured in Maryland the case will likely not be barred by jurisdictional restraints.

Another consideration is the route of travel the employee was taking. For Maryland workers compensation benefits to be due the employee must have been relatively close to the expected route of travel when the accident occurred. An employee must use the expected and reasonable route of travel to the destination of employ. If they travel to the same location almost every day but choose to travel way out of the expected course then they may have compromised their right to benefits.

Maryland workers compensation laws recognize a principal referred to as Frolic and Detour. This relates to the expected route of travel but also the purpose of the trip. If at the time of the accident the employee was going far “out of the way” to run a personal errand then they may not be entitled to Maryland workers compensation benefits. If however they were only taking a minor detour such as pulling off to get lunch then benefits may be due.

Circumstances of the car accident will help determine if it is covered under Maryland workers compensation.

There are a number of considerations to keep in mind when evaluating a case for workers compensation purposes. The best option is to consult an attorney for a free consultation. Some of the circumstantial considerations the attorney will look for are below.

Was the employee engaged in willful misconduct? This may include being under the influence of a drug or alcohol, or intentionally causing the accident.

Fortunately under Maryland law if the employee was negligent in causing the accident this will not bar them from recovering workers compensation benefits.

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Baltimore car accident lawyer Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers Comp attorney for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Baltimore car accident lawyer, or wish to discuss workers comp attorney fees please contact him today. He has offices throughout the state and various convenient meeting locations. Each and every case needs to be evaluated before legal advice can be provided. Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.

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